The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-09

worth of stock in the ball club. The
bank also received $4,000 worth of
stock in part payment of the purchase
price. The supreme court held today
that his purchase price must be de-
Quoted from the liabilities of the
The seven directors of the baseball
association were: Chester woodward,
s. J. Bear, Arch NJ. Catlin, f.. P. Metz
ger, Guilford Dudley, c. B. Merriam,
and H. A. Auerbach. The opinion
was written by Justice John Marshall
Rights of a Drunk Man.
"a public service corporation owes
no higher duty to a drunken patron
than to a sober one" according to an
opinion written today by Justice John
s. Dawson in affirming the decision
of the LeavenWorth county district
the Leavenworth Terminal Railway &
Bridge company. Cook was struck
by a Rock Island train while attempt
ing to cross a tool bridge between
Leavenworth and Drydale-the oasis
in the LeaVenworth desert.
Testimony showed that Cook was
intoxicated when he paid for a toll
ticket. The gate man told him not to
cross the bridge as a train was ap-
preaching. Cook, with drinks aboard
anu III ali OpllHllSllC anu courageous
frame of mind. replied that there was
enough room on the bridge for him.
self and the train. But there wasn't
At least, Cooks efforts to dodge the
train We're unsuccessful. He sued the
bridge company and the supreme
court today affirmed a general deci-
sion in favor of the defendant COM
pany.
Counties Are Exempted.
Kansas counties do not operate un-
der the provisions of the workmen's
compensation act, according to a su-
preme court decision by Justice West
The decision reverses the action of the
Sedgwick county district court, which
refuses to sustain a demurrer to a
personal injury suit by G.. s. Gray,
According to the pleadings in the
case, Gray was employed to assist in
resurfacing Sedgwick county road.
de was injured when a loaded wagon
ran over him. He brought suit under
the Workmen's compensation act The
supreme court, however, reversed the
lower court for refusing to recognize
demurrer and held that the county
ness covered by provisions of the COM
pensation law.
Arson Bug Loses Case.
William Hanks must serve a SEN
tence for third degree arson commit
ted in Saline county. With Robert
Kelley. he was arrested on a charge
of setting fire to a house. Kelly plead
ed guilty. Hanks was convicted.
An appeal was taken on the grounds
that the state failed to show that the
property was insured against loss by
fire. Such failure, Justice Porter held
was not reversible error.
King Goes to Prison.
The supreme court today denied a
reversal or retrial for Frank King,
til
ty. King was charged with murder
ing William Sutton, a Wichita grocer,
when Sutton was attacked and robbed
in his store. Attorneys for King paid
the expense of an appeal to the SUI
preme court, but the higher tribunal
refused to set aside the decision of the
trial court. From an incomplete rec
ord, the court held there was no show
ing of error upon which to base re-
versal of the case.
Immunity for City Attorney.
When a city attorney directs the
prosecution of a man charged with
violation of city ordinance, he is sub
ject to the same immunity that is ac-
corded other public prosecutors. John
Parman was city attorney of Win
field when he prosecuted Charles w.
Smith for violation of a sacred ordin-
ance. Smith was acquitted and
brought a civil action for damages for
mal1c1OuS prosecutor 9arn1dn
pleaded immunity because of his Off
cial position. The district court found
in his favor and on an appeal to the
supreme court. Justice Mason wrote
the opinion affirming the lower court.
Linderhoim Loses-Again.
Justus B. Linderholm, who with
John Hanson holds the record for loss
of cases before the supreme court lost
another action in today's batch of de-
cisions. Linderholm, thru his attor-
ney, Hanson, sought to secure a writ
of mandamus for the correction of a
| journal entry in a case before the Nc
Pherson county district court. In stat
ing their grievance, Linderholm and
Hanson forgot to state just the ma
ture of the journal entry which did
not please them. So the court denied
| the writ.
Rucker Loses His Case.
| The supreme court today upheld a
| decision of the Shawnee county dis
trict court to the effect that Bert
| Rucker must pay a debt alleged to
have been incurred by fraudulent
practice or go to Jail The action
grew out of real estate transaction
| in which NJ A. Tatlow was the COM
plainant and Rucker and w. E. Bacon
! the defendants. The transaction oc-
CURED in 1911 and principal and in