The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-13
No. 1880.
A. B. Mollohan, Appellee,

A. B. Mollohan. Appellee.
The Atchison, Topeka and Santa Fe Rail-
way Company, Appellant.
REVERSED.
Syllabus By the Court. Dawson, J.
l. Where cattle were billed and shipped
rates which had been published and filed
with the Public Utilities Commission, a
special contract granting to- the shipper
Wichita to test the market and to terminate
the journey at that point if the market
was sati. factory and to continue the trans
portation to original destination If the
market was unsatisfactory was preferen-
tial and discriminatory and violated the
railroad md utilities acts
2. Where the tariffs of the carriers filed
with the Public Utilities Commission speci-
stopped in transit to test the markets any
special contract enfarging that privilege
which is not snecified in such tariffs is
void.
8. Before a special privilege to9s stop cat
tie in transit to test a market en- route
can be granted by a railroad company, it
pertaining thereto must be filed with the
Public Utilities Commission. and be open
to all shipprs on equal terms.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeaLl Clerk Supreme Court.
No. 1886.
f. C. Hensley and o. c. Brosius, Part
ners, etc, Appellees-
School District No. 81 of Anderson County.
ct al, Appellees, and The Equitable
Surety Company, Appellant
Appeal from Anderson County.
AFFIRMED.
Syllabus. By the Court. Mason. J.
1. A contractors bond. conditioned in
general terms for his faithful performance
of building contract will not be inter-
preted as guaranteeing merely his pay
ment of debts incurred for labor and ma
terial, although that was the only, guaran
nal agreement called for lac giving of a
bond according to the law Of the state.
2. surety company is liable upon a
contractors bond executed by it after the
signing of the original contract, although
not provided for therein, the compensation
it receives being a sufficient consideration
for its guaranty.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
tSeal.l Clerk Supreme Court
No. 1850.
H. c. Dryden, Appellee,
J. N. Purdy, Appellant.
Appeal from Neosho County.
REVERSED.
Syllabus. By the Court. Porter, J.
Plaintiff sought to enjoin as a private
nuisance the keeping of wagons buggies
and covered cabs in front of a livery stable
which adjoined his residence on the ground
that the view from his front porch was
thereby obstructed. Held, he failed to show
that he suffered special damage incon-
Ven1ence dl11efeIt IN KIM from mat OF the
rublic, and the action can not be main
tanned.
All the Justices concurring
A true copy.
Attest: D. A. VALENTINE,
fSeal.] Clerk Supreme Court.
No. 1881
Evert Z. Freeman, Appellant,
vs.
Johanette Peter. ct al. Appellees
Appeal from Wvandotte County.
Third Division.
AFFIRMED.
Syllabus. BY the Court. Marshall J
The heirs OF deceased person are estop-
ped from claiming any part of the estate
by inheritance where by their conduct they
have induced the widow, to whom all the
property was devised, not to probate the
will, and the will is not probated for more
than three years after the death of the
testator. although in the power and con-
troll of the devisee during all that time.
All the Justices concurring.
a true copy
Attest: D. A. VALENTINE
ISeaLl Clerk Supreme Court.