The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16

negligence on his part. Is one OF fact for
2. Where a material Instruction, that
should be given, is requested. but Is not
streetion tie yerd ie should by set aside
and new. trial should be granted.
All the justices concurring.
Attest: D. A. VALENTINE.
(Seal) Clerk Supreme Court.
No. 21,74o
John E. Wagner, Appellant;
The Board of County Commissioners Of the
Mrs. Mayme D. Wagner, Appellant
the County Of Edwards. Appellees.
Appeals from Edwards County.
Syllabus. By the Court Burch, j.
The-liability Of counties for injuries sus-
tanned by reason of defective bridges, Gull
not eoextensive with the common-law liza
bility for negligence. There can be re-
eovery only when the chairman Of the
of the defect at least five days prior TO
the time the injury occurred (Gen. Stat.
as -S distinguished from neon constructive or I'm.
puted or implied.
All the justices concurring.
Attest: D. A VALENTINE,
(Seal) Clerk Supreme Court
No. LEO.
Elizabeth A. Bean-Hogan. Appellee. =
John = k Kloehr, Joseph v; kloehr. and
under the style and firm name of Kloehr
Bros, Appellants.
- AFFGRMED.
Syllabus. By the Court. Mason, J.
on i; Eridence that while an automobile,
their business as common carriers, was
being driven on city street at the rate
dogs ran in front Of it; that the driver
changed his course slightly to avoid the
first one; and that the car ran into the
other one, causing 1t to overturn, Is suf-
ficient, In an action against the owners
brought by a passenger who was thereby
to sustain ,Sd finding Of
g, An allowance of 1900 for pain and
suffering on account of the injuries re-
held not to have been SO excessive as
necessarily to show passion or prejudice.
All the justices concurring.
Attest: D; A. VALENTINE,
(Sea1) Clerk Supreme Court.
Mary Harvey, Eliza E. Coen and James
N. Dyson, Appellants.
Peter r. Dolan, Appellee.
Appeal from Bourbon County.
Syllabus. By the Court. West, J..
An An action 1;o to set aside Judgment for
obtaining it must be brought within two
years unless the plaintiff Is under some
disability.
All the justices concurring.
Attest D. A. VALENTINE.
(Seal.( Clerk Supreme Clerk.
No. p 651. =
Keith Robar Orozem, Appellee,
C. A. McNe III. Appellant.
Appeal from Crawford County,
Opinion Denying Petition for Rehearing.
he ne.on bK IN tne s ceS55 ,can.s Mason
torney by his client to recover a part of IN
amount collected held to show a settlement
no cause of action unless by virtue of ats
allegations of fraud.
Ali the justices concurring.
Attest d. A. VALENTINE,
(Seal) Clerk Supreme Court
.s. No. q. ca.
John H. Foresman. Lille NJ Mauney and
Henry W. Mauney, Appellants.
Susan C. Foresman. Susan C. Foresman. m
Executrix of the Last VIII and Testament
of J. o. Foresman, deceased, Ernest Vi.
Foresman and Lucy Appeiees
AFFIRMED.
Syllabus. BY the Court. Mason ].
/. Where in a proceeding begun by the
filing of a petition stating a cause of ac-
tion only for partition, and asking no other
relief, defendant files a cross-petitfon set
ting up a claim of exclusive ownership
and possession of one of the tracts involved,
and asking to have his title quieted, It Is
not error to refuse application Of tine
plaintiff for jury trial of the issue aris-
Ing upon such cross petition and "a really
denying its truth.
2 Where deed is handed by the gran
tor to the grantee with the intention that
title shall thereby pass, such passing of
title Is not prevented by the fact that the
deed is Immediately returned to the grantor
to remain in his possession until his ieath
In order that he may be assured that 1t
shall not be recorded in his lifetime The
evidence is held to sustain a finding Of
that state of facts.
, All the justices concurring.
A true copy.
Attest: d. A. VALENTINE.
(Seal.) Clerk Supreme Court
The Elmo State Bank Of Elmo, KansaA
Appellee.
c. NJ. Hildebrald. The Topeka Mutual Live
Stock Insurance Company, The White In
surance Agency. and Clay Hamilton, ss
Receiver, &C. NJ. Hildebrandl, Appellant.
Appeal from Shawnee County.
. division No. IL
AFFIRMED
Syllabus. By the Court. Porter, J.
1. In an action a promfssory II Dte
given in payment of insurance policies,
where the defense is failure of considera-
ton because the insurance Company was
insolvent when the policies were issued.
held. on the facts stated in the opinion.
that the admission of certain testimony