davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
No. 1976s.
The Rock Milling & Elevator Company.
Appellee,

No. 10 76s
The Rock Milling & Elevator Company.
Appellee,
The Atchison. Topeka & Santa Ie Rail
way Company. Appellant.
Appeal from Reno County.
REVERSED.
Syllabus. By the Court. Marshall j
!. State courts have jurisdiction in ac-
tons to recover the amounts due shippers
of interstate freight for repairing cars to
put them in condition for holding the ship
ment where the maximum charge for such
repairs Is fixed by the tariff on file with
the Interstate commerce commission
.. The three year statute of limitations
apnlies to actions to recover the cost of
repairing cars to put them in condition to
receive the property to be shipped therein
and the statute begins TO run on each
item when the shipment Is made
3. The words actual cost Of the same"
in the following tariff provision
when cars furnished by carriers named
below for grain or other loading require
repairing in order to insure against leak
age in transit. and material necessary for
this repair is furnished by the shipper.
the carrier will pay the actual cost of the
same. but not to eXreed eighty cents per
car" include the cost of material and la
Dor necessary to repair, but do not include
the cost of inspecting cleaning ears or
the cost of attaching grain doors
f. The admission in evidence of "Santa
Fe Iooperage Circular No. l. did not uret-
udice any substantial right of the d.
PENDANT.
All the Justices eoncurrfBg.
A true copy.
Attest. d. A. vALETINE.
lseail Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
No. 1881.
Earl E. Blount, Appellee.

No. 1881.
Earl E. BIount Appellee,
The Aetna Building and Loan Association
Corporation, Appellant.
Appeal from Montgomery County.
REVERSED.
Syllabus. BY the Court. Porter, J,
1. Notwithstanding the provisions of sec
ton 5202, General Statutes of 1909, which
requires that when mortgage real es-
tate has been paid the MORTGAGE or his
assignee shall cause satisfaction thereof to
be entered of record without charge" the
parties may bind themselves by an agree
ment that the MORTGAGE shall execute and
deliver n release when the mortgage is
paid which shall be recorded at the ex-
pense of the mortgagor.
=. In an action by the grantee of the
mortgagor to recover the statutory penal
ty, the mortgage interposed a defense
an agreement between the parties to the
mortgage that the cost of recording the
release should be paid by the mortgagor
and that Il release had been executed and
delivered to him when the mortgage was
paid Evidence was offered in support of
the further defense that the correspond
ence between the plaintiff and the defend
ant nisled the latter to the particular
mortgage the plaintiff desired release
the jury and to render judgment for the
plaintiff.
3. 1t was error for the court to refuse
to submit to a jury the question of the
amount attorneys fees in such an ac-
ton.
All the Justices concurring.
true copy.
Attest: D. A VALENTINE
ISeal-1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
LEGAL.

a debt of the operators of the drilling
machinery. The plaintiff brought re-
plevin; and a redelivery bond was given:
The well drilling property, being large and
unwieldly, was being kept out doors
at the time these proceedings began, and
1t was not physically disturbed by the
sheriff in the service of the attachment
process. A few days after the redelivery
bond was given, the plaintiffs agent was
rendered a return of the property by the
manager of the lumber company who was
also the sheriffs representative who said !:
IF they are your machines, take them. "
Held, Il sufficient tender of the return of
the property.
Tie foregoing was a sufficient ten
der although the sheriffs representative
and attaching creditor also declared that
he would only pay such damages a
Judge and jury might determine.
All the Justices cOncurring.
A true copy.
Attest: D. A. VALENTINE
[SeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
No. 1875.
May w. Christian, Appellee,

No. 1875.
May w. Christian, Appellee
VS..
The Union Traction Company, Appellant.
Appeal from Montgomery County
AFFIRMED.
Syllabus By the Court. West. ].
1. Rules followed that a verdict sup
when the evidence is conflicting a refusal
to direct a verdict is not error.
2. One allegation of negligence on which
some evidence was introduced was ignored
in the instructions given. the jury being
charged that to recover the plaintiff must
sustain the other allegation Held, that
under these circumstances. it was not ma
teriai error to refuse Instructions request
ed by the defendant on the allegation thus
ignored.
3. The refusal to submit two of ten spe-
cial questions requested by party Is not
materially prejudicial when substan tiatial
repetitions and when the answers to those
submitted clearly indicate that answers to
those refused would not have benefited the
party complaining.
4. 1t not necessarily negligent for
the plaintiff to attempt to alight from the
car a short distance from the usual stop
ping place if she believed it had come to
a stop in response to her signal or request
3. A special finding, although against
much of the evidence. il supported by
some competent evidence, not attempted to
ing party and approved by the trial court
on overriding a motion for new trial in
volving such finding, will not be dis
turbed by this court.
All the justices concurring.
true copy
Attest: D. A VALENTINE,
[SeaLJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
No. 10, $50.
Winnie Routh, Appellee,

No. 10 $50.
Winnie Routh, Appellee,
J. J. Weakley, Appellant
Appeal from WyandOtte County.
division No. II
AFFIRMED.
Syllabus. By the Court Mason, J.
1. In an action against the owner of an
automobile which collided with and killed
a girl eight and half years of age. who
had suddenly left the sidewalk and run
diagonalIy out into the street, without
looking ahead of her. being pursued by
two other girls. of whom she was slightly
afraid, contributory negligence on her part
is not established as a matter of law by
a finding that she knew conduct of this
kind to be dangerous.
.. The petition held to allege negli-
gence on the part of the defendant, and
the evidence to support the charge.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
[Seal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
LEGAL.

No. 1885.
J. A. Arment, ct al, Appellants,
The City of Dodge City, Kansas ct al''
Appellees.
Appeal from Ford County.
MODIFIED.
Syllabus. BY the Court. West, j.
1. Defendants appearing by counsel to
resist the granting of a temporary in1unc-
ton are in court for all purposes without
the issuance of summons.
2. The defense to an assessment for paw
ing that it was really for a storm sewer Is
cut off by the thirty day statute OF iml-
All the Justices concurrtng.
A true copy.
Attest: D. A. VALENTINE,
[Seal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
No. 1885
Mrs. d. E. Campbell, Appellant,


Mrs. d. E. Campbell, Appellant,
VS.
The Board of County Commissioners of the
County Of Reno ct al. Appellees.
Appeal from Reno County.
REVERSED
Syllabus. By the Court. Johnson c. J.
1. The money deposited in lieu of BAH
by a third person to secure the release of
one arrested and required to appear TO
answer criminal charge is not conclusive
II regarded tie defendants money and
when. the purpose for which the deposit
has been made is accomplished and the
obligation discharged or there has been a
surrender of the defendant the money is
to be returned to the owner.
?. surrender of the defendant may be
made to a general deputy of she sheriff
and the mere fact that a defendant has
been placed under arrest by another of
fieefs because of the commission of an
other offense, shortly before an attempt
to surrender was made, did not of itself
render the attempted surrender invalid.
8. Shortly after the defendant had been
released rom custody by the giving of
deposit, he was arrested for another Of
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13

No. 1854
The State of Kansas, eX rel School Dis
trice No. 4 of Stanton County, Appellee,
VS..
ELAN Hilty. as County Superintendent of
of Stanton County. Appellant, ct al.
Appeal from Stanton County.
AFFIRMED.
Syllabus By the Court Porter j.
1. Whether the provisions of section and
u of chapter 1858 of the laws of 1911 at
by excluding therefrom certain counties
having a population of 5000 or less and
counties where high schools were already
in operation under previous statutes. are
unconstitutional is not decided. but it is
held, independent of these sections the act
as a whole is not unconstitutional.
. The language of section IL of chapter
263 of the Laws of 1911 declaring ii TO be
the duty of the county superintendent IN
counties governed by the act TO certify TO
the county commissioners and the county
treasurer on or before the first day of
July in each year the amount of money
necessary to aid district to maintain a
high school for the year ending on the
Both day of June preceding, and making
it the duty of the county board to make
such levy, is construed to mean that the
amount certified and levied shall be the
amount necessary to aid the district to
maintain the school for the succeeding
year.
All the justices concurring.
A true copy.
Attest: p. a VALENTINE.
ISeaI.t Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
No. 19,s6s

No. 1855
The A B. Tegley Hardware Co., Appellee,
The Continental Insurance Company, APP
pellant.
Appeal from Jewell County.
AFFIRMED.
Syllabus By the Court Marshall J.
Recovery can be had on a fire insurance
policy covering merchandise contained in
different buildings situated two ad-
joining lots. although the property insured
is described as being situated on one of
the lots where the evidence shows that
the insurance agent and the owner intend
ed to insure the property while in the
buildings either both of the lots.
Ali the Justices eoneurring.
true copy
Attest d. A. VALENTINE,
tSeaLI Clerk of Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
LEGAL.
No. 1879.
Nellie Stout, Appellant,


No. 1879
Nellie Stout. Appellant,
Charles E. Bowers and Thor jaeger, APP
pellees
Appeal from Sedgwick County.
(Div. l.
REVERSED AND REMANDED.
Syllabus. BY the Court. Johnston, c. ].
l. Where an exert witness testifies and
POUNDS his opinion on standard medical
authorities, 1T is competent for the oppos
ing party In cross examining him to read
from the authorities on the subject in
question and to ask him if he agrees dis
agrees with the opinions expressed by the
authors
2 In order to obtain a review of a ruI-
ing luding evidence, the excluded EVIL
dence must be produced at the hearing of
the motion for new trial by affidavits or
other competent testimony.
3. In this case, where the defendants who
are physicians and surgeons. are charged
with negligence in the diagnosis, opera
ton and treatment of the plaintiff for
certain ailments. it is held that the testi-
mony produced by plaintiff was sufficient
to take the case to the jury.
All the Justices concurr1ng.
A true copy.
Attest: D. A. VALENTINE
lSeal-l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
LEGAL.


RESOLVED, That the Mayor and Board
of Commissioners of the City of Topeka,
Shawnee County, Kansas deem 1t necessary
for the best interests of said city that
Brooks Avenue from the south line of Tenth
Avenue to the south line of Twelfth Street
and Jewell Avenue from the south line of
Twelfth Street to the north line of Huntoon
Street, in said city, be graded and curbed
with combined curb and gutter, and paved
thirty 500 feet wide, with asphaltic con-
crete on a five 90 inch concrete base, the
curb and gutter to be omitted where al
ready constructed
w. G. TANDY, Commissioner
l, Eta NJ. Covell, City Clerk of the City
of Topeka, Kansas, do hereby certify that
the above and foregoing resolution is a true
and correct copy of the original now
file in my office.
[Seal.l ETA NJ. COVELL, City Clerk.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
No. 1e,797.
The City of Topeka. Appellt

No 1e,797.
The City of Topeka, Appellee,
The Central Sash & Door Company, Ap
pellant.
Appeal from Shawnee County.
First Division.
AFFIRMED.
Syllabus By the Court. Marshall, j.
l. Where a city has been held liable for
injuries sustained by a person lawfully
using a defective sidewalk, the city can re-
cover from an abutting property owner
whose active fault caused that condition
of the sidewalk.
2. The liability of an abutting property
owner whose active fault caused a defec-
tive condition in a sidewalk does not de-
pend on that liability being fixed by -
dinance or by notice to repair.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeal.I Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
No. 1874.
Fank Leslie, Appellant,


The Harrison National Bank, and X. c.
Beck as Sheriff. etc, Appellees.
Appeal from Reno County.
MODIFIED.
Syllabus BY the Court. Mason, j.
l. Where settler upon public land of
the United States died, leaving Will CIV
ing life estate in all his property to his
wife with Il remainder to their children,
and the widow enjoyed during her life all
the rents and profits of the land, which
was patented to the heirs, she and the
children suppOsing that title had passed
no estoppel thereby arose such as to vest
an equitable title to the fee in the children,
subject to life interest in the mother.
=. a grantor who in fact owns an und1-
vtded one-eighth interest in tract of land,
derived from the government, but who sup
poses that he owns undivided one
fourth interest subject to a life estate, de-
rived from a will, passes all the title he
has by a deed describing the property con-
veyed as a One-fourth interest. arising
taining an exception to the life estate
3. Where one under the mistaken belief
that he is the owner of an interest in
tract of land executes a warranty deed
thereto as a gift to his son: title after
wards acquired by him will pass to the
grantee only in subsection to the lien of
any judgment existing against the gran
tor at the time of acquiring the title
l. An owner of an undivided One-fOurth
interest in land. one-eighth interest being
subject to the payment of a Judgment
against his grantor, and the other eighth
not, is entitled to an injunction again st
the sale of more than an undivided one
eighth interest in the land, under an exc
cution issued on such Judgment.
All the Justices concurring.
a true copy.
Attest: d. A VALENTINE,
lSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
No. 19, $40.
B. M. McCue, Appellant,

No. Ii, $40.
B. M. McCue, Appellant,
J. w Hope, Appellee.
Appeal from Finney County.
AFFIRMED IN PART AND REVERSED
IN PART.
Syllabus. By the Court Johnston, e. j.
Two parties who owned the stock Of
corporation agreed that on of them should
purchase the stock and interest of the
other for a certain price, the purchaser TO
pay the outstanding liabilities of the com
pany. and a settlement between them was
effected on the basis of an account stated
which puroported to contain complete
list of all of the assets and liabilities Of
the company and was a part of their writ
ten agreement In an action subsequently
brought by the purchaser he alleged that
the amount stated was incorrect in that 1T
company of which he had no knowledge
and which he has been compelled to pay !;
that the account was not only incorrect
but it was fraudulently made so by the
seller Held that the action Is one to re
open the account and settlement and re
make it in accordance with the agreement
of the parties that such an account stated
is only prima facie evidence of its cor
rectness that it may be opened up for
fraud of the seller as stated in the petition
were pertinent and proper; and that the
action pleaded is not to be regarded as one
for relief on the ground of fraud, and
therefore is not barred by the two year
statute of limitation.
All the Justices concurrng.
A true copy -
Attest d. A. VALENTINE,
TSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
No. 1877.
G Mems Annellee

No. 1877.
A. c. Means. Appellee,
f. s. Kennedy. Appellant.
Appeal from Sedgwick County
First Division.
AFFIRMED.
Syllabus. By the Court West, ].
While chapter 295. Laws 1913, was in
force there no means provided for
selling as school land islands which had
been surveyed and entered under federal
authority more than twenty years before
such act took effect
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE.
[Seal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13

No. 1871.
The Kansas National Drill and Manu-
featuring Company, Il corporation, APP
pellant,
Thomas NJ. Redd. Sheriff of Miami Coun-
ty, State Of Kansas. Appellee.
Appeal from Miami County
AFFIRMED.
Syllabus. BY the Court Dawson, ]
1. Findings of fact relating to a ten
der of property examined and found to
justify the refusal of peremptory in
etruction that no tender had been made
>. Evidence examined and found suffi-
cient to sustain the verdict
3. Instructions pertaining to the suffi-
cheney of tender of property used in
well-drilling examined and held TO be a
fair statement of the law so far as con-
Germs the appellant.
/. Some well-drilling property on part
ct which the plaintiff held a mortgage
and on part of which it held a bill of
sale was attached by the sheriff at the
instance of lumber company to satisfy
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
D. A. VALENTINE,
Clerk Supreme Court.

No. 197SS.
The l.. & NJ Mercantile Company, Appellee,
o. A. Winner Appellant
Appeal from Scott County.
AFFIRMED.
Syllabus. By the Court. Marshall, J.
l. plaintiff has right TO appeal from
a Judgment rendered in its favor by JUS
tlce of the peace, where a controversy
arises as to which one of several actions
was tried and the Judgment rendered is
not satisfactory to the plaintiff.
, An appeal bond in justice of the
peace court is not necessarily void because
ii fails to follow all the statutory require
ments, and if defective a proper bond may
be filed in the district court
All the Justices concurr1ng.
true copy.
Attest: D. A. VALENTINE
lSeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13

No. 1890.
Carl f. Rorschach, Appellee,
VS..
c. A. Owen Appellant
Appeal from Franklin County
AFFIRMED.
Syllabus. By the Court Rurch 7
Instructions to the jury considered and
held not to be prejudicially defective The
evidence considered and held to sustain
the verdict.
All the Justices concurring.
true copy.
Attest: d A VALENTINE
iSeal-t Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
No. 20,335.
J. w. Grantham. Appellee,

No. 20 335.
J. w. Grantham. Appellee,
T. Conner ct al, Appellants.
Appeal from Cherokee County
REVERSED AND REMANDED,
Syllabus By the Court. Johnston, C. J.
l. parol agreement between one who
has obtained option to purchase a tract
of land and another, that the latter would
buy the land, pay the full purchase price
of 1t and also the amount paid by the first
party to obtain the option, taking the title
in his own name, and that he would, when
the land was sold, pay the first party one
half Of any increase that might be obtained
for the land, did not create valid express
trust in favor of the first party; and
since no part of the purchase price was
paid by him, a trust did not arise n his
favor by Implication of law under Section
of the act relating to trusts and powers.
,. Nor did the agreement of the parties
create a partnership relation between them.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
tSeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
LEGAL.

the enforcement of the contract, among
which were want of consideration and
ton whether the attorney for the payees
who afterwards acquired the note before
maturity was a holder in due course and
without notice of its infirmities was prop
erly submitted to the jury, and a general
verdict and Judgment against him will be
sustained
2. The affirmative responses of witness
to two conclusions of law eouched in the
form of leading questions examined and
held to have been properly stricken from
the record.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
ISeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
No. 20427.
In the matter of the Petition of Ed. Nc
Kenna for Writ of Habeas Corpus.

Petition for Writ of Habeas Corpus
DENIED.
Syllabus. By the Court. Marshall, J.
1. Under the Intoxicating liquor law of
this state, an information charging one
with unlawfully selling certain liquids"
without in any way charging that the
liquids sold were spirituous malt vionus,
fermented or Intoxicating liquors, does not
state an offense.
2. writ of habeas corpus will not issue
to release one from the custody of an of
ficer who holds the petitioner under
warrant issued information which
does not state any offense under the laws
of this state where by amendment the in
formation can be made to state an offense
and where the petitioner asks no relief Of
any kind of the court in which the infor-
nation is filed.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[SeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13

No. 1854.
William Small Memorial Home for Aged
Women, Appellant,
VS..
Estate Of 7. J. Collins, Appellee.
Appeal from Anderson County.
AFFIRMED.
Syllabus. By the Court Burch, J.
Findings of fact examined and held to
sustain the Judgment rendered.
All the justices concurring.
A true copy. -
Attest: d. A. VALENTINE,
[SeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13

No. 1850
John Hartzler Appellant
vs.
The City of Goodland Kansas, ct al. Ap-
pellees.
A peal from sherman County
AFFIRMED.
Syllabus. By the Court. Dawson j
L private citizen whose burdens as a
taxpayer will be affected by a proposed
bond issue is authorized to maintain a