The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-03-15

SUPREME COURT SYLLABI
CONTINUED from Preceding Page.)
No. 1886.
Mollie J. Denton, Appellee,
The Missouri Kansas & Texas Railway
Company Appellant.
Appeal from Labette County
syllabus BY the So Dar{.l fib1ipss' Of
fact examined and held that a woman who
was riding in an automobile driven by ner
husband and who is injured by COLLISION
between the automobile and a switch en-
CINE on a street crossing was not guilty.
Of negligence as a matter OF law.
All the Justices concurring.
Attest; D. A. VALENTINE,
LSeai.I Clerk supreme Court
No. 1889.
Leonard c. Uhl, Appellee,
The Life & Annuity Association, Appellant.
Appeal from Smith County.
REVERSED.
Syllabus. By the Court Mason, J.
1. Where u member of fraterlai bene-
ture amendments to its laws reserva-
tion is implied that the changes are TO De
fair and REASONABLE.
the purposes of a fraternal beneficiary so.
ciety a change in its by-laws need not
be Indispensable to that end. II 1t is rea-
sonably adapted thereto the requirement. Is
met.
3. Whether changes made in the by
laws, which affect the rights OF a mehloer
in such an association, are fair ana reason
able. is ordinarily a question of law, where
the detailed facts are not in t5ntroversy.
L. The rate of a fraternal beneficiary
society as fixed by change IN the ny
laws held not to be InF re SoId by mem
Der of a fraternal beneficiary soclety pro
vides that after a certain time II shah oe
non-forfeitable. and that he shall pc en-
titled TO a paid-up certificate in proper
ton to the number of payments ne mas
njes him unless he shall make further
Daympnts any benefit whatever from MS
admitted present share OF a reserve Iunu
which has already accumulated.
All the Justices eoncurrlng.
A true copy. ru,Nyr1Nr
TseaII Clerk Supreme Court
20314
Nick F. Arnhold, Appellee,
Gust Klug. Frank Fields, Frank King
walter Steadman, w. II. Early and An
ton Jacobs, Councilmen OF hays Cityi
and w. II. Jordan, and f. }; HaiIaIn NET
Partners doing business under 4 me Rion IT'D
name and style Of The Hays hlec'Iic
Light Company, Appellants
Appeal from Ellis County.
Syllabus BY the Court. West. >;
/. The officers of city Of the second
class owning and operating $oO,OOO water.
works system have discretion to contract
with an electric light company 70 pump
the water for the system and sueh cOntrsct
is not for work or tm p required by
section 14i3 of the General Statutes of
1909. Sec. 1873 Gen. stat; 1903; Asher VS.
Water Co Go Kan. 496, Il Pac Sl3)-
Usually such a work or Improvement
implies some physical change or construc-
tion effecting an amelioration In the con-
A resident tax payer affected by the
exnense of such contemplated arrangement
may maintain injunction II II aRPPeIiF tnA'
A. The necessity OF an esunlate oA tne
cost Of installing in the well Of the plant
referred to a motor driven pump SUIT
tracing therefor, suggested: -
g. Such estimate is required only When
the CITY contracts with some other party
10 do or supply some such work or I'M
provemnt for the city, and not when Sne
city itself contracts so to do OF supply lor
another.
All the Justices concurring.
true copy VALENTINE.
TSeaiI Clerk Supreme Court
No. 2O,895.
The State of Kansas, Appellant,
T. ]. Lyon, Appellee
Appeal from Wyandotte County. DlVislon
No. 3.
AFFIRMED.
SvIlabus BY the Court. Burch. j.
The material portions of findings of fact
returned in an action to remove county
officer from office held to be sustained by
sufficient evidence.
All the Justices concurring except Daw-
son. J., who did not sit
true copy -.,.,v,
Attest: D. A. VALENTINE
fSeaI1 Clerk Supreme Court
No. 20,474.
City of Pratt, Kansas. Relator
W Il. Davis. State Auditor. Respondent
Original Proceeding in Maudamus.
WRIT ALLOWED.