The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-10-09
Breach of Promise May Be In
ferred i'm Kansas.
Says Supreme Court in MOdi-
flying Sly Judgment.
NO MORE FAKE MARRIAGE AGES
BridegrOOms Must Not Boost
Age Youthful Brides.
Jolt for Corporations Seeking
to Dodge Responsibility.

When a woman brings suit for
breach of promise to marry under the
Kansas laws, it is not necessary to
show that she demanded that the man
in the case make good his promise to
wed In the case of Alice Bowes, a
Topeka girl, against N. W. Sly, a
Union Pacific claim agent, the SUI
preme court today held an unwilling
ness may be inferred from cessation
of intimacy without reason
With the ruling that the Topeka girl
acted within her legal rights in as
suming that Sly would not marry her,
the supreme court, however, held that
the $500 Judgment IN the case was
excessive The young woman's judg-
ment was modified to the point where
she may exercise the option between
judgment for $500 or a second trial of
the case in the Saline county district
court.
The case against Sly was tried in the
Saline county court nearly four years
ago. The Topeka girl testified as to
her love affair with the Union Pacific
claim agent and their alleged rela-
tions 1t was most sensational hear
ing and the young woman in the case
tainted several times during her cross
examination.
$4,000 for Suffering.
A special Judgment of $4,000 cover
ing the woman's alleged injuries was
returned by the jury, which also al
lowed $500 for breach of contract.
Sly appealed to the supreme court and
the Judgment was modified. The fact
that Miss BoweS did not demand OF
SIy that he make good his agreement
to marry her was urged as a de1ense
by Sly's attorneys. The supreme court
saws such action was not necessary.
"It was not necessary for plaintiff
to prove a demand or request for per-
formance before bringing her suit,
says the court in per cur1am opln-
ion. TT has been repeatedly held thae
any acts of promisOr which show a
stunning and evasion of the contract
or a failure to carry out the contract
as promised or any refusal that IS ab-
so1ute and unqualified, or which 1nd1-
Gates a determination not 10 marry
will obviate the necessity for de-
mand of performance. re-
fusaI to marry may be inferred from
a total cessation of intimacy without
explanation"
Miss Bowes was a resident of
North Topeka. Sly lived in Salina.
False Affidavit Penalty.
A young man anxious to be married,
in Kansas, must not make false
affidavit as to the age of his bride,
Or it may cost him real money or
term in Jail. This was the ruling of
the Kansas supreme court today IN
the appeal of Jacob A. Rupp, from
Ellis county.
Rupp made an APPLICATION to the
probate Judge for a marriage license
and made an affidavit that the bride
% be was eighteen years of age, when |
she really was only fifteen. After !
he marriage the age of the girl was
discovered and Rupp was arrested. Hell
was fined 500 in the Ellis county |
,ourt. The supreme court affirmed |
he lower.
Rupp met the girl at a dance and |
ell in love with her at first sight. |
lie danced with her the entire eve |
ling and finally asked her to marry |
lim. She refused. Then it was shown |
n court that Rupp gave her so much |
whisky that she became SO intoxicated |
hat she did not know of the ceI-e-
nony being performed at O'Clock in
he morning when the probate judge !
vas awakened to unite the pair.
Must Protect Employees.
A corporation cannot deduct from
IS employees wages enough every
Month to carry accident insurance on
hem, and then go to court and escape
ayment of damages for injuries due
0 negligence. This was the opinion
f the supreme court today in re-
ersing and remanding for new trial
he suit of G. B. Meadow against the
1ansas City Western Railway Co.
IcAdOw testified that the company
educted fifty cents a week from his
ages. In return it was to allow him
alf wages for a year in case of Gis-
bility.
1t was developed at the trial that
he company carried accident insur-
nee for it's employees with the fifty
ents a week collected from its en-
loyees. The lower court refused Nc
dow, motorman, damages as the
esult of an injury.
The supreme court passed on petit
ons for rehearing as follows: :
The Putnam Investment Co. VS.. H
I. King, appellant Rehearing de-
led.
j. f. Baird VS.. City of K. c., Kan,
ppeIlant. Rehearing denied.
The Oregon Rid. & Navigation Co.