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

LEGAL.
hospital association for the neglect of its
| physicians and attendants in failing to give
! the suitable care and attention, where
/ it appears that the defendant is an asso-
citation maintained by the railroad com
pany for the treatment of its employees
while sick, and is supported by the month
! ly contributions OF all its employees who,
so long as they remain in the service of
the railroad company and contribute to
| the hospital free of charge.
9. In such an action petition which
| fails to allege that the defendant did not
exercise reasonable care in the selection
Of its physicians and attendants is sub
| iect to demurrer.
! All the Justices concurring.
true copy.
Attest: d. A. VALENTINE.
| [Seal.l Clerk Supreme Court.
The State of Kansas eX rel, s. NJ. Brew
ster, Attorney General, Appellee.
The Grand Lodge of The Ancient Order of
| United Workmen of the State of Kansas
j. W. Graybill, w. NJ. Forde. +. w.
Cooter, James D. Banker and Ralph
! Anderson, Appellants.
Appeal from Allen County.
| AFFIRMED.
| Syllabus. By the Court. Marshall. j.
Under section 1908 of the General Sta
/ tutes of 1909, a fraternal beneficiary as
sociation can not discharge its obligation
to member who has reached the age of
]
stances, except by paying on the death of
| the member the amount provided in the
certificate, although the association adopts
bylaw authorizing such settlement of it's
obligad on.
All the Justices concurring.
Attest: D. A. VALENTINE,
ISeal.l Clerk Supreme Court
Emella New and Robert Fl. Clogston, as
Trustee of Emelia New, convict, APP
pellees and Appellants,
]. A. Smith, and Fl. N. Brown. Appellant
and Appellee.
Appeal from Greenwood County.
MODIFIED AND AFFIRMED.
Syllabus. By the Court Dawson, }
withheld possession of PLAINTIFFS farm u for
many years, but who on the broadcast prin-
ciples of equity is allowed a claim for
set up claim for the reasonable rental
| value of the farm to meet defendants
claim, and the statute of limitations is no
following section 102 of the Civil Code.
2 When a lawsuit has been in court for
fourteen years, during which time it has
been appealed to the supreme court five
| times, it is imperative that some broad
general principles Of law and equity be
brought to a close and final judgment or
dered. This rule applied here.
All the Justices concurring.
tSeal.1 Clerk Supreme Court
No. 2o,415.
The City Ct Wichita, Appellee,
E. A Lewis. Appellant.
Appea, from Sedgwick County. Division 2.
REVERSED.
Syllabus. BY the Court. Porter, J.
The title of city ordinance which reads:
An ordinance regulating the sale, bar
t 89D and gift foni Of MSl 6 P RSp Tea
Tin Hop, Health Tone, Rosen-
brew, and all other notwithstanding malt
or other beverages containing any per
cent of alcohol whatever. - is not broad
enough to include provision in the body
of the ordinance attempting to regulate the
sale of Notwithstanding beverages that
contain no per cent of alcohol, and that
part of the ordinance is void because in
Statutes of 1909
All the Justices concurring.
Attest: D; A; VALENTINE.
No 1889.
Myrtle Y. Saar, ADMINISTRATIVE of the es-
tate of John c. saar. deceased, Appellee,
Thu Atchison, Topeka & Santa Fe Railway
Company, Appellant
Appeal from Neosho County.
MODIFIED.
Syllabus. By the Court Marshall. j..
1. The evidence has been examined and
found to be sufficient against a demurrer
: thereto, aud sufficient to sustain the find
ings of the jury.
? In an action for damages under the
federal employers liability act where a
! verdict rendered is excessive because the
| jury did not substantially diminish the
damages on account of the negligence of
the injured employee, this court will offer
the plaintiff the option of accepting a
Judgment for designated sum or new
trial
Johnston, C. J., Burch, J., Mason, J., Por-
ter. J., West, J., and Dawson, j., con-
curing.
Marshall, Jr, dissenting
true copy.
Attest: d, A. VALENTINE,
ISeal-l Clerk Supreme Court
No. 1898.
Drusilla Pyles, Appellee,
The Atchison, Topeka & Santa Fe Railway
Company, Appellant
Appeal from Cowley County.
REVERSED.
Syllabus. By the Court. Mason, ].