davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12
LEGAL.
NO. Ig,0U4.
II. Kaufman, APPELLANT,
Il, d. Christy. Appellee.


II. Kaufman, APPELLANT,
Il, Il. Christy. Appellee.
Appeal from Sedgwick County.
division No. p
AFFIRMED.
Syllabus BY the Court Burch j.
The defendant was sued for the price
of a patent right which it was alleged he
sold to the plaintiff The defense was
that the defendant was not the vendor.
Under the rule which permits the intro
duction of evidence of facts which are
relevant to facts in issue, which explain
facts in issue and relevant facts, and which
support or rebut differences from such
facts, it is held that it was proper for
the defendant to explain his conduct and
show his true relation to the transaction
To this end it was proper for him to show
his agency to procure the subject or SAFE
from the patentee for the actual vendor,
the execution of such agency, that he was
a creditor of the patentee. and the dis
trfbution of the proceeds of the sale made
to the plaintiff whereby he obtaiued pay
ment of a portion of the patentee's indebt-
edness to him.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE.
[SeaLl Clerk of Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12

No. 19,446.
James w. Davis. and Elizabeth Davis, his
wife. Appe1lees.
]. E. Roseberry and Clyde Roseberry, Part
ners, Appellants.
Appeal from Cowleg County;
REVERSED AND DEMANDED
Syllabus. By the Court Porter, j.
Plaintiffs employed defendants who are
real estate brokers to find a purchaser for
q farm. They procured customer who
entered into written contract with plain
tfffs by which plaintiff agreed TO sell and
he agreed to purchase the farm for $120 600,
a warranty deed to be executed by plain
tiffs and deposited in escrow and delivered
to the purchaser on payment of the bal
ance when the contract was executed he
paid $500 on the purchase price which was
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12
No. 19,447.
H. X. Mueller, Appellee,

NO. 14,f44.
III. r. Mueller, Appellee,
Matte Campbell and II. A. Campbell, APP
pellants.
Appeal from Washington County.
AFFIRMED.
Syllabus. BY the Court. West, J.
The rule that verdict supported by
competent evidence and approved by the
trila court must stand. is followed.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
[Seal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12
No. 1906
James L. Dawson, Appellant.

No. 1896.
James L. Dawson, Appellant.
Anna Calmback, Appellee.
Appeal from Labette County.
REVERSED.
Syllabus BY the Court Mason, J
In an action upon an account for goods
sold by a corporation, petition alleging
the ownership in the plaintiff, by virtue
of a written assignment, Is not rendered
deruurrable by the fact that the writing
does not describe the account otherwise
than as that of the defendant, and is sign
ed only by the vice president, ne seal be-
ing attached
All the Justices concurring.
A true copy.
Attest: ID. A VALENTINE,
ISeaIJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12
No. 9.469.
L. Irene White, Appellee,

No. 19,46o.
L. Irene White, Appellee,
VS..
NJ. L. Kineade, ct al, (Thomas Lynn, APP
Appeal from Finney County.
AFFIRMED.
Syllabus. BY the Court. Johnston, c. J.
1. An owner who contracted to sell a
tract of land placed the purchaser in pos
session of the same and before the trans
action was closed and the legal title trans
ferred he authorized the purchaser to have
certain improvements made on the land
and the purchaser contracted for and had
the improvements made and those who
furnished the material and labor therefor
claimed Il lien on the land. After the
owner had authorized the improvements he
caused a deed. which his grantor had ex-
ecuted in blank. to be delivered to the pur-
chaser with the name of the purchaser
inserted therein as grantee so that,
the record. the land appeared to have been
directly conveyed from his grantor to his
mortgage from the purchaser for the bal
ance of the purchase price. Held. that the
mechanics lien is prior to the mortgage
lien executed by the purchaser and that
the mechanics lien covered the interest
which both the owner and the purchaser
held in the land
p 1t is competent for a court, in the in
terest of equity and justice, to relieve
parties from stipulations Inadvertently
mistakenly or fraudulently made and en-
tered into by them. The exercise of this
power is largely matter of discretion and
1t is held that there was no abuse of dis
cretion in the relief granted in this in
stance.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE
kSeal.] Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12

No. 19,21S.
Charles Ballard, Appellee,


The Kansas City, Mexico & Orient Railway
Company, Appellant.
Appeal from Sedgwick County.
Division Number Two,
REVERSED AND REMANDED.
Syllabus. By the Court. Porter, J.
l. More than two years after the cause
of action arose the petition was amended
specifying more definitely a ground of
negligence, which, however, was stated in
very general terms in the original petition
Held, that no new cause of action was
stated.
2. The evidence and findings are held
sufficient in this case to sustain the allega-
tons of the reply to the effect that re-
lease relied upon by the defendant was
obtained by fraud and Misrepresentation.
B. Under the circumstances of this case
1t was error to allow physician who had
examined the plaintiff for the first time
more than two years after his, injury to
testify that in his opinion based upon the
history of the case a fistu1a in ano from
which he found the plaintiff suffering
was caused by traumafic injury.
All the Justices eoncurring.
A true copy.
Attest: d. A. VALENTINE,
ISeal.1 Clerk of Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12
UNDERTAKING.

HAWLEY STEELE.
Funeral directors and embalmers, 113 Ee-
Sth ave. Mrs. Robt. Steele, assistant.
Phone PSI Day and Night
L. M PENwELL, funeral director and
embalIner. L. E. Jones. Asst. First class
service 5oS-510 Quincy ST. Telephone 1o2.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12

No. 19i76.
May L. Spinden, Administrative, ETC.,
Appellee,
The Atchison, Topeka & Santa Fe Railway
Company, Appellant.
Appeal from sedgwtca County.
division No. p
REVERSED.
Syllabus By the Court. Mason, J.
l. In an action brought under the fed
erals employers liability act. it is error
to instruct that the defense of assumption
of risk, with respect to a particular task
danger was so glazing that person of or
binary prudence would not have attempted
it..
2 An employee of a railroad company
hung suspended over a washout for a
distance of some ninety feet while assist
ing in preparations for its repair. In an
action by his administrators charging the
the Jury returned verdict for the plaintiff
but in reply to question requiring them
to state the particular negligence that
caused the death they answered that it
instructions. The only neglect pleaded in
this regard was the omission to instruct
the decedent how to walk in the ties-to
step upon them close to the rail. Specific
ter examining the bridge, stated in the
presence of the decedent that the ties were
unsafe to walk upon; that he warned the
workmen to plank the ties, as they were
by pushing the planks ahead of them on
the rail, then turning them over on the
ties one on each side of the rail- Held,
that the findings require Judgment for
the defendant
All the Justices concnrrtng.
true copy
Attest: D. A. VALENTINE,
[Seal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12

No. 1880.
Matteys Oplotnik, Appellee,
Cherokee & Pittsburg Coal and Mining
Company. Appellant.
Appeal from Crawford County,
AFFIRMED.
Syllabus. By the Court. Dawson, J.
The record examined and held sufficient
to sustain award of $500 to q miner In
jured by an explosion of gas, the pres
ence and extent Of which was only guessed
at by the fire inspector, Notwithstanding
the miners contributory negligence.
All the Justices coicurring.
true copy.
Attest: D. A. 1fVALENTINE
iSeal,l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12
No. 19,503.
Vina Marshall, Appellant,

3,
The City of Kansas City, Missouri, Appel
lee.
Appeal from Wyandotte County
division No. 81
AFFIRMED.
Syllabus. BY the Court Johnston, c. J.
A city of another state which is operat-
ing a water plant in this state is not sub
ject to be sued in the courts of this state
for a personal injury sustained In that
city and which is caused by its negligence.
Mason J., Porter, J., West, J., Marshall,
j. and Dawson, j., concurring.
Johnston, c. j., and Burch, j., dissent
ing.
true copy.
Attest: d. A. VALENTINE,
[SeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12
LEGAL.

of manslaushter in the first degree
the instruction that defendants guilt of
this degree must be shown by the evidence
ant was convicted of murder in the second
degree In other instructions the court,
f in effect 6ex told the Jury that be-
any offense his guilt must be established
yond 4 reasonable doubt. Held. that the
omission In the challenged instruction
could not have misled the jury and does
not require new trial.
&. The charge given to the jury is to
be read and considered in its entirety and
an inaccurate expression should not be re-
garded as a ground for reversal where it
appears from the whole of the Instructions
that the jury could not have been misled
/. T. An instruction defining and explain
ienged because of brevity ami incomplete
ness, is held not t. be ground Cor re-
S The defendant has no reason to com
plain of an instruction to the effect that
the defendant. who had testified in his
that the fact that he was charged with
but that the jury had right tc take into
consideration his interest i'll the case.
8. Other instructions examined and held
10. Certain language used by of the
prosecuting attorneys in which he express,
the defendant is not deemed to be such as
TO require the setting aside of the verdict.
applause by bystanders. which was
promptly suppressed and rebuked by the
court, afford ground for new trial where
it does not appear that the jury was aft
fected or influenced by the incl lent.
IL. The evidence examined anu held TO
be sufficient to uphold the verdict of the
jury.
All the Justices concurring.
Attest: d. A. VALENTINE,
ISeal.J Clerk Supreme Court
No. 1905.
s. III. Miilikan Appellee,
The Hooters Shoe Company, Appellant.
Appeal from Woodson County.
AFFIRMED.
Syllabus. BY the Court. Burch, J.
The plaintiff was employed as Il travel
ing salesman for a year at a salary or $40
per month payable monthly. He COM
menced work on September L, 1912, and
In December he sued for his salary to
September L, 1913 In January. 1913 he
accepted employment. which, however. paid
nothing beyond expenses. In March he
opened Il store of his own. When dis
charged the plaintiff had been paid his
salary for September, 1912. and had re-
ceived a small amount of merchandise
case was tried in June, 1913. Held,
verdict for damages for breach of the
contract. equal to the amount of the
plaintiffs salary until he engaged in bust
ness for himself; less the credits men
toned, with interest to the time of the
trial, will not be disturbed
true copy.
Attest: u. A. VALENTINE,
[Seall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12

FENIMORk MckNAUGHT MOVING
Co. Household goods. $500 per large
van load Expert furniture packers. Phone
1911.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12
BILLIARD AND POCKET TABLES.

FOR SALE-New and secondhand carom
and pocket billiard tables and bowling
alleys. We lead the world In cheap fix
lures; easy payments. Send for catalogue.
Brunswick Bake Calendar Co.. 1329-3f
Main street. Kansas City. Mo.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12
MONEY.

MONEY TO LOAN
on farm tproperty' RH per cent to Pc az net
cent.
GEO. nj. NOBLE & co.
Phone 444 or 2s6s Red. 1876 Kansas Ave-
MONEY TO LOAN ON ALL KINDS OF
PERSONAL PROPERTY.
Horses. cattle, pianos, diamonds, shouse-
hold goods. libraries, typewriters autos,
carriages, machinery, and to salaried peo-
pie. +. s. Thomas, $40 Kan, Ave. Tel. 298.
property, any amount. low interest rates
and most liberal terms. Call or write for
our plan. w. NJ. Forbes s Co.
MONEY TO LOAN on real estate, city
and farm. Rates low. State Savings
Bank, S. w. Cor. 9th and Kan. ave.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12
No. 1927.
Charles King, Appellant,

No. 1927
Charles King, Appellant,
Richard Wilson and John Millhaubt, sher-
III on Sed Few" s e9gnfy Appelees
REvERs sfsSn aN biy EEmANDED.
l. In an action brought i by 'i : sl,t1' to
enjoin the sale of his homestead Under an
e e ege The is nas f R
dered for any one of the class Of claims
against which there is no homestead ex-
claim for improvements. against the owner
husband or wife of such owner, SO far as
the homestead exemption is concerned,
party to the action in which the Judgment
3 In such an action as is mentioned in
section one of this syllabus. it is necessary
for the defendant to prove that the claim
oaainst which there is no homestead ex-
All the Justices concurring.
Attest: D; a. VALENTINE,
[Seall Clerk Supreme Court.
Il No. 1o4a4
J. N. Bailey, Appellee,
F. f, Nipple, Appellant, and The City of
Appeal from Reno County.
REVERSED.
Syllabus BY the Court Johnston, c: ).
Under the rule applied in In re Rich
ardson, n Kan. 557, 81 Pac. CTS, relating
to the location upon the ground of lots,
blocks, streets and alleys of q plated city,
it is held that the evidence in the instant
case is insufficient to sustain the 5udg
nent which was rendered fixing certain
boundaries.
All the Justices concurring.
Attest: d. A. VALENTINE,
Seall Clerk Supreme Court.
No. 19499
A. o. Saunders, Administrators, Appellee,
The Atchison, Topeka and Santa Fe Rail-
way Company. Appellant.
Appeal from Sedgwick County.
First Division.
AFFIRMED.
Syllabus. BY the Court. Marshall J.
/. 1t is not negligence per Sc for pas
senger to fail to stop, look and listen for
an incoming train, when he must cross
Intervening track on his way from the pas
senger station to his train, which has
been called, and is standing on its track
receiving its passengers.
2. To justify this court in reversing
Judgment on account of abuse of discre-
ton In arbitrarily refusing to submit
more than ten special questions to a jury,
it must appear that the party complaining
was prejudiced by such refusal.
81 Some of the answers to the special
questions submitted t. the jury in this
case may be contrary to the evidence. ANY
other answers to these questions in har-
mony with the evidence would not contra
versal of the judgment. 1t is held that
these questions and answers are imma-
terial, and such answers, even if contrary
to the evidence. will not compel a rever-
sal of the Judgment.
All the Justices concurring.
true copy.
Attest: d. A. VALENTINE,
ISeal.l Clerk of Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12
TYPEwRITERS.

ALL MAKES for sale or rent. Best me-
chanical department in the country.
CRANE & co.
Topeka. Kan. 45 Years in Business.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12
PICTURE FRAMING.

FRAMING, regi1ding, mat making, mount
ing done by j. d. Sullivan. 122 w. Sth.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12
No. g.4s1. =.
George Mengs Appellee,

No. fg.4s1.s
George Meng. Appellee,
J. c. Collins, Appellant.
Appeal from Miami County.
AFFIRMED. F
Syllabus. BY the Court Johnston, c. j.
Under an agreement that certain com
pensation was to be paid by NJ. in case C.
procured a release aud dismissal of a
claim made by the state against NJ, C..
obtained promise from the board Of con-
troll to the effect that account of Ms
the claim would not be pressed
a gainst him at this time nor during his
lifetime, that he could pay it when he had
any extra money, that 1t would be collect
ed either out of his estate, or that of his
wife after his death, but that the claim
would not be released 1i,missed.
Held, that the stipulated compensation had
not been earned
All the Justices coAcufring.
A true copy.
Attest: D. A. VALENTINE,
SaaLJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12
MACHINE SHOPS.


WANTED-Your lawn mower t. overhaul
and grind, factory process. $1.O0. Tel
Howard. 1877. Free delivery.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12
First published in The Topeka State
Journal, Wednesday, April g. 1881

State of Kansas Shawnee County, SIS.
In the Matter of the Estate of John
Kaps, Sr.. late Of Shawnee County: Kansas.
NOTICE OF APPOINTMENT.
Notice is hereby given that the 21st
day of April, A. p. 1915, the undersigned
was by the Probate Court of Shawnee
County. Kansas. daily appointed Executor
of the estate of John kaps, ST., late of
Shawnee County, deceased. All parties in
terested in said estate will take notice and
govern themselves accordingly.
MARY kAPS, Executor.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12
STOCKS AND BONDS.
FLORISTS.

FOR BEDDING PLANTS come to Gall
away's greenhouse. Choice geraniums
$1.00 dozen saliva SOC. by mail add loo
and 15c per dozen. Hanging baskets 75c
and up. Sprengeri 15c. Phone 2732 K-2.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12

First published in The Topeka State
Journal, Wednesday, May ., 1911
In the Probate Court of Shawnee County,
Kansas.
Tn tbe Matter of the Estate of Bert
The Republican journal., 1915-06-10
BUCKSPORT PERSONALS.

Chaplain David H. Tribou is at Hern-
don, Virginia, for the month of June.
Mrs. H. G. Farris of Bangor was the
guest of Mr.. and Mrs. Frank Pierce on
Monday.
Alva Young of Standpoint sang The
Star Spangled Banner at the exercises
on Memorial Day.
Mrs. Lila Croker and Mrs. Howard
Bennett of Standpoint spent Memorial
Day with Master Andrew Bennett at his
clearinghouse, Mrs. John Lords.
Mr.. and Mrs. Willis Young and son
Alvah, and Mr.. and Mrs. John Clements
with their little daughter Hattie of
Standpoint, spent Memorial Day in
Bucksport, the guests of Mr.. and Mrs.
William Mckinley.
Bucksport's oldest resident, John ].
Lee, observed his 91st birthday May 30th
and was presented with the Boston Posts
gold-headed cane, which was held until
April 1sl by the late Henry Kimball, who
was "a years of age when he died. Mr..
Lee has not been in very good health of
late. He is, IN addition to being the Oldest
resident, the oldest IN point of member
ship of the Methodist Church here
Bucksport Times.
The Republican journal., 1915-06-10
ADVERTISING BRINGS CROWD.

A unique plan was used in an Oregon
county to encourage large attendance
of farmers and merchants at a meeting
held for the purpose of organizing a
farmers club. The merchants of the
town used great deal of their advertis-
ing space in the local papers for calling
attention to the time and place of meet
ing, as we'll as the program for the day.
The merchants also announced that they
would close their places of business from
IL to 1.30 p. M, and help ''wait on the
tables" at the free dinner to be given by
the retail merchants association to all
farmers and their wives attending the
meeting. In addition to the speakers
the merchants association had provided
orchestra and band music for the occa-
sion. AS result of this interest shown
by the business men and their active adj
vertising campaign, very enthusiastic
meeting was held, attended by nearly
700 persons. Nearly 500 persons were
served at the luncheon.
The Republican journal., 1915-06-10
The Seniors Banquet.

The Senior class of the Belfast High
school had their banquet in the vestry of
the Baptist church at 8 O'Clock Wednes-
day evening, June End. Covers were
laid for 140. The room was recently
renovated and was made most attractive.
The Senior tai lie was in the center of
the room, running lengthwise, and the
other tables were arranged at right
angles. On the Senior table were two
large bouquets in the class colors-green
and .gold-made of tulips and ferns.
Seated at this table were Rev. and Mrs.
Walter F. Sturtevant, the former offer
ing grace, Superintendent VIM. B. Wood
bury, Principal Clarence W. Proctor,
Miss Leona Achorn, Miss Marian Hazel
tine and Mrs. A. E., Banks, teachers,
and the members of the Senior class.
The menu included cold chicken, mashed
potato, salads, hot rolls, cake and coffee.
Misses Frances A. Sargent and Grace
II. Hayes had charge of the arrange
ments, and Mrs. George D. Mahoney
made the coffee. The walters were Mrs.
Emma R. Knowlton. Mrs. Arthur N.
johnson, Misses Amy L. Wilson, Idella
D. Knowlton, Winnie Morris, Bertha z.
Hayes, Lou H. Smalley, Carrie M.
Greenlaw and Edna Hopkins. At the
close of the banquet the class prophecy
was read by the Misses Blanche Ellen
Jennys and Mary Katherine Hayes.
This arrangement was an innovation and
it is hoped by many that it may establish
precedent and that the alumni may be
included among the guests to foster a
spirit for the High school that has been
of so much assistance to Belfast young
people.
The Republican journal., 1915-06-10
TWICE TOLD TESTIMONY
Belfast People are Doing All They Can for
Fellow Sufferers.

Fellow Sufferers.
Belfast testimony has been published to
prove the merit of Doan's Kidney Pills to
others in Belfast who suffer from bad backs
and kidney ills Lest any stuff erer doubt this
evidence of merit, we produce confirmed
proof-statements from Belfast people who
again endorse Doan's Kidney Pills-confirm
their former testimony. Here's Belfast case:
W.. J. Heal, retired farmer, 60 Miller street,
Belfast, says: 81 had considerable trouble from
my back and kidneys. AT times my back ached
SO severely that it was difficult fer me to stoop
and if did do so. l could hardly straighten up
again. l had other symptoms of kidney COM
plant. too. Doan's Kidney Pills soon banished
the backache and corrected the other Difficult.
ties. Whenever my kidneys have needed a
little toning up since, few doses of Doan's
Kidney Pills have put them in good shape"
OVER SIX YEARS LATER, Mr.. Heal said:
"Doan's Kidney Pills have proved their worth
to me by giving me great relief at different
times. l always give them my highest praise"
Price SOC at all dealers. Don't simply ask
for kidney rem edy-get Doan's Kidney Pills
the same that Mr.. Heal had. Foster Milburn
Co., Props, Buffalo, N. Y.