davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal., 1918-07-13
No. 21.661.
Cora J. Swader. Appellant,


The Kansas Flour Mills Company, a cor
poratiou, and r. w. Hoffman Appellces.
Appeal from Dickinson County.
REVERSED.
Syllabus. By the Court. Dawson. ].
l; The. title, IAN Act to provide compen-
sation for workmen injured in certain
hazardous industries.' is broad enough to
include compensation for dependents of a
workman fatally injured. and the latter
topic is germane and pertinent to the main
subject covered by the act, and such act
does not violate the constitutional provis-
lon forbidding the inclusion of more than
one subject in one act of the legislature.
2. Section of the Workmens Compen-
sation Act gives an injured employe
statutory action or proceeding against his
employer for compensation and also for
damages against a wrong doing third party
causing his injuries; and where the person
entitled to maintain such statutory action
is not estoPped by her acceptance of COM
her participation in arbitration proceedings
to determine her compensation. nor by 9TH
er acts constituting ratification acqui-
escence, she may prosecute her action
against both the employer and the wrong
doing third party, and she is not required
to choose between the compensation allow
ed or which may be allowed and the dam
ages which she may recover until her ac-
ton Is tried and determined. but she is
not entitled to recover both damages and
com pensa ton.
All the Justices coucurrlng.
A true copy.
Attest: d. A. VALENTINE.
(SealD Clerk Supreme Court
The Topeka state journal., 1918-07-13
No. 2f,615.
James A. Baird, Appellee.

No. 81, ,615
james A Baird, Appellee,
The Salina Northern Railroad Company
ct al, Appellants
Appeal From Mitchell County.
REVERSED.
Syllabus. By the Court. Burch, j.
A contract made in consideration of the
giving of subscription notes whereby a
railroad company agrees permanently to
establish and maintain on the subscribers
land a passenger and freight depot and
station stockyards. sidetracks. and other
shipping facilities. and to refrain from ever
establishing or maintaining similar struc-
lures facilities within competing dis
tance of the subscribers land, is void as
The Topeka state journal., 1918-07-13
No. 21, $50.
S. S. Hawks, Appellee.

S. S. Hawks, Appellee,
The Atchison, Topeka & Santa Fe Railway
Company, Appellant.
Appeal from Sedgwick County.
division No. II
AFFIRMED.
Syllabus. By the Court. Dawson, J.
Where resident lot-owner's only means
of ingress and egress to his garage situated
81 the back part of his lot is through an
alley which is totally obstructed by a rail-
way company in the operation of its cars
on a railway track in the alley and in
permitting its cars to stand in the alley,
such person may maintain an action for
damages, and in such action 1t is ex-
cuse for the railway company that the
railway track itself was properly con-
structed and that it had obtained per
mission from the city to construct 1t.
All the Justices concurring.
A true copy. -
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal., 1918-07-13
No. 21,1S2.
Rose E. Jones, Appellee,

No. q, 1872.
Rose E. Jones, Appellee,
vs.
The Citizens State Bank, Appellant.
Appeal from Wilson County.
AFFIRMED.
Syllabus. BY the Court. Porter, J.
l. In an action against bank to recover
upon a certificate Of deposit, testimony of
oral promises alleged to have been made
to the bank by plaintiff authorizing the
money represented by the certificate to be
held as collateral security for promissary
notes given to the bank by her husband
and others, is held incompetent under the
Statute of Frauds.
2. The provision of the Statute of Frauds
which prohibits the bringing of an action
upon promise to answer for the debt,
default or miscarriage of another, unless in
writing, applies with equal force to a de-
fendant, and a verbal contract which =
within the statute cannot be enforced M
directly a defense to a demand other
wise legal and Just.
5. The fact that plaintiff was a stock
holder in the corporation to which the bank
loaned the money represented by the notes
did not make her liable upon the notes.
nor constitute defense to her action upon
the certificate of deposit.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE.
(Seal) Clerk Supreme Court.
The Topeka state journal., 1918-07-13
No. 209T5
Theodore o. Loveland. ct al. Partners as
Brenard Mfg. Company, Appellants,
No. 20oT5.


Brenard Mfg. Company, Appellants,
Frank P. Kibbey, Appellee.
Appeal from Geary County.
MODIFIED.
Syllabus. By the Court Mason, J.
/. Articles were sold to a retailer to be
used premiums in a voting contest, the
vender undertaking that result the
buyers business should increase TO a stated
amount, provided he carried out the contest
plan and promptly met his own obliga-
tions under the contract. Held. that un-
der the language of the agreement the
omission of the buyer to pay at maturity
the notes he had given for the goods did
not result in a forfeiture of his rights un-
der the part of the agreement with regard
to the amount of business done.
2. The verdict and judgment held to
have been for a wrong amount, but under
the circumstances to have constituted an
adjudication of the question submitted to
the jury.
3. A new trial ordered upon a PARTICULAR
issue at the option of the defendant.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE.
ISeal1 Clerk Supreme Court
The Topeka state journal., 1918-07-13
D. A. VALENTINE,
Clerk Supreme Court.
No. 21,415.
Mrs. D. E. Campbell, Appellant,

No. =, ,41O.
Mrs. D. E. Campbell, Appellant,
vs..
The Board OF County Commissioners of the
County of Reno, ct al, Appellees.
Appeal from Reno County.
AFFIRMED.
Syllabus. By the Court. Marshall, j.
1. A person who is out on bail under a
criminal charge in one county. and who is
arrested by constable from another
county under l criminal charge filed in the
latter county, cannot be taken from the
custody of the constable without his con-
sent, by the sureties on the bail of the
person charged, and be surrendered to the
sheriff Of the first county, SO as to release
such sureties.
2. Under the circumstances mentioned in
the first paragraph of this syllabus, after
being released from the charge filed against
him in the latter county. it is the duty of
such person to appear at the proper time
for trial in the first county, and 1t is the
duty of the sureties on his bail to produce
him for that trial.
3. 1t is not error to refuse to submit to a
jury special questions which would not, If
answered, elicit any fact that could affect
the judgment to be rendered.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court
The Topeka state journal., 1918-07-13
No. 2t,667.
Arthur F. Atkinson, Appellee,

NO. 2l,6bi.
Arthur F. Atkinson, Appellee,
VS..
James W. Lusk, ct al, Appellants.
Appeal from Cherokee County.
REVERSED.
Syllabus. By the Court. Mason, J.
person approaching a railroad cross
ing in a horse drawn vehicle at a moderate
speed, who is injured as the result of his
attempt to cross in front of an approach
structions from seeing until he Is within
twenty feet of the track. but which Is visi-
BILE to him from that time on, is chargea BILE
a matter of law with contributory neg
ligence. The ordinary rule is not affected
by the fact that the motor car is lower
than locomotive. a passenger or a box
car. SO long at it is high enough to be
seen.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal., 1918-07-13
No. 81, $50.
Kays and Laura J. Kays,

No. 81 $50.
r. W. Kays and Laura J. Kays. Appellants,
VS..
A. A. Little (and H. V. Foster), Appellee.
Appeal from Greenwood County.
AFFIRMED
Syllabus. By the Court. Marshall, ].
A judgment of a trial court refusing to
cancel a gas and oil lease for failure to
pay rentals at stipulated time, will not be
reversed where the lessee RENTS the
amount of the rental by registered letter so
that it will reach the place of payment five
days before the time provided for the pay
ment, and the remittance fails to reach that
place in time because of delay in the mails
and where, because of other and additional
circumstances, it would be ineQuitable and
unjust to cancel the lease.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(SeaL) Clerk Supreme Court.
The Topeka state journal., 1918-07-13
D. A. VALENTINE,
Clerk Supreme Court.
No. 81 ,323.
Eliza Watson, ct al, Appellees,

No. 81 ,323.
Eliza Watson, ct al, Appellees,
VS..
Mrs. C.. H. Williams ct al, Substituted for
Sarah E. Jones, deceased, Appellants.
Appeal from Rocks County.
AFFIRMED.
Syllabus. By the Court. Burch. J.
A landowner died after his land had been
sold to the county for delinquent taxes.
subsequently a tax-sale certificate was
issued and assigned, and a tax deed was
issued and recorded. few days later one
of the heirs took a quitclaim deed from
the tax-deed holder. Held, the purchase
of the tax title amounted to a redemption
which Injured to the benefit of the purchas-
er's cotenants.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(SeaL) Clerk Supreme Court
The Topeka state journal., 1918-07-13
No. 81, GAG.
David o. Cole. ct al, Appellees,

No. q, GAG.
David o. Cole. ct al, Appellees,
J. h. Butler. Appellant.
Appeal from ChautauQua County.
AFFIRMED
Syllabus. By the Court. West. J.
l. The lease described in the opinion is
held not to be void for want of considera-
ton.
2. The plaintiffs title is such that they
may require the fulfillment OF the express
B. An implied condition was that opera
tions should be begun within a reasonable
time
4. Failure to begin operations for thir-
teen of the twenty years duration OF the
lease. with failure to show any intent
or purpose to operate. entitle the plaintiffs
to a decree of cancellation
5. The Judgment for damages and at
torney's fee was in accordance with the
statute. 6 1891, Gen. Stat. 1859
All the Justices concurrfng.
A true copy.
Attest: D. A VALENTINE,
(SeaL) Clerk Supreme Court
The Topeka state journal., 1918-07-13
No. p, $50.
c. J. Rask, Appellee,

The Atchison. Topeka and Santa Fe Rail-
way Company. Appellant
Appeal from Montgomery County.
REVERSED
Syllabus. By the Court MARSHALL j.
A railroad engineer cannot recover dam
ages for injuries sustained by him In a
railroad collision brought about by his
negligence in violating the rules of his
company made for the government of his
conduct. where he knew of the physical
The Topeka state journal., 1918-07-13
No. 21,41S.
Amos E. Gilmore, Appellee,

No 81 41S.
Amos E. Gilmore, Appellee,
VS..
The Monarch Cement Company, Appellant.
Appeal from Allen County.
AFFIRMED.
Syllabus. By the Court Johnston, c. j.
l. The special findings of the court
awarding compensation to an injured work
man interpreted and found not to be in
consistent with the Judgment rendered.
2 Also held. that such findings do not
show an abuse of discretion by the court in
awarding compensation in lump sum-
All the Justices concuSring.
A true copy. - !
Attest: d. A VALENTINE,
(Seal.) Clerk Supreme Court
The Topeka state journal., 1918-07-13

No. q, 1,665.
The Farmers and Merchants Bank, Appel
lee.
Sarah E. Dondelinger, Appellant.
Appeal from Reno County.
AFFIRMED.
Syllabus. By the Court. Burch. ].
1. A person indebted to the defendant
in civil action for the recovery of money,
on nonnegotiable promissory notes not yet
due, and payable on the happening of GER
tain contingencies. is subject to garnish-
ment-
2 separation agreement. whereby II
a consideration a wife releases her claim on
her husbands property and to his support
does not create trust and the considera-
tfon Is not alimony.
All the Justices concurring.
A true copy.
Attest: d. "A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal., 1918-07-13
d. A. VALENTINE,
Clerk Supreme Court.
No. 21,676.
L. F. Schumacher, Appellant.


j. c. Lebeck. Appellee.
Appeal from Meade County.
AFFIRMED.
Syllabus. BY the Court. Mason. J.
1. letter from the owner of land in
reply to an inquiry to his price there
for, stating terms of sale, the person ad-
dressed to make his commission from the
buyer, does not amount to an offer to sell
the land to such person. but merely makes
him the owners agent to find a purchaser
on the terms named. And such agent can
not. by reporting that he has sold the land
on such terms, compel its Conveyance to
himself.
.. An attempt by the agent in such a case
to purchase the land for himself, without
disclosing to his principal that he is the
buyer. is within the rule which forbids q
selling agent to buy for himself notwith-
standing he was to receive as commission
whatever price the land brought over a
fixed sum.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
(Seal.) Clerk Supreme Court.
The Topeka state journal., 1918-07-13
D. A. VALENTINE,
Clerk Supreme Court.


No 21 4S2
The Aultman & Taylor Machinery Com
pany, a corporation, Appellant,
z p. Jones. and Sue NJ Jones. Appellees.
Appeal from Kingman County
REVERSED AND REMANDED.
Syllabus. BY the Court. Porter, j.
In a replevin action by a chattel Mort
mitted facts, that certain written agree
ments, extending notes and chattel mort
cages and waving all claims for damages
arising out of the sale and purchase of
farm machinery. are binding upon defend
ants. and the claims that they were signed
by one of the defendants without having
read them. when he had an opportunity
to do so and was not prevented in any way
by the other party, is of no avail
All the Justices concurring.
A true copy. -
Attest: d. A VALENTINE
(Seal) Clerk Supreme Court
The Topeka state journal., 1918-07-13
LEGAL

property in 1t to defraud an insurer. The
court ruled that Unly conviction could be
had under the information. Held, that no
error was committed in refusing the mo-
ton of defendant to require the prosecutor
to elect upon which count he would rely
for a conviction.
All the justices concurring.
true copy.
Attest: ID. A. VALENTINE.
(Seal.) Clerk Supreme Court
The Topeka state journal., 1918-07-13
LEGAL

the assets pledged to the mortgages and
included in the property acquired by the
vendeeS.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal., 1918-07-13

No. u ,647
T. A. Henderson, Plaintiff,
Eugene L. Bell, ct al, Defendants,
Eugene L. Bell, Appellant,
John J. Buchanan and Lincoln Buchanan,
Appellees.
Appeal from Atchison County.
JUDGMENT MODIFIED.
Syllabus. By the Court. Marshall, j.
A contract giving an option to purchase
real property, without limiting the time
within which the purchase may be made.
is void for the reason that 1t violates the
rule against perPetuities-
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal., 1918-07-13
No. 21,6T7.

No. 21,6I7.
B. F. Bush, Receiver, etc., ct al, Appellees,
vs..
The Chicago Great Western Railway Com
pany and The Leavenworth Terminal
Railway and Bridge Company, Appel
lants.
Appeal from Leavenworth County.
AFFIRMED.
Syllabus. By the Court. Dawson, j.
I. Where the owner of a railway bridge
entrusts a railway company with the
management of the bridge signal system
and charges the latter with the duty of
keeping the signal system in good condi-
ton the owner is liable for the managing
railways reasonable expenses in relocating &
the signals which are menace to the lives
of trainmen; and this liability exists al
though the signal system was installed
many years ago according to the best
methods then known and with the ap-
proval of the managing railways chief
engineer.
2 The opinions of experienced railway
men touching the good condition" of a
set of signals set SO close to a railway
track as to imperil the lives and limbs of
trainmen are competent evidence in an
action to recover a claim for expenditures
incurred in keeping a railway bridge signal
system in good condition.
All the Justices concurrfng.
A true copy.
Attest: d. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal., 1918-07-13
No. 21,574.
Mack Smart, Appellee,

Vs.
John Mayer and Joe Gladdis. Appellants.
Appeal from Crawford County.
AFFIRMED.
Syllabus. By the Court. West, J.
1. The refusal to require the jury to
answer a special question already answered
I'VE do not know does not constitute or
amount to withdrawal of such question.
2. Although 1t lis the duty of the court
on request of either party to require such
an answer to be made directly responsive
to the question. the party who does not
make or join in such request can not by
merely excepting be heard to complain of
such refusal.
3. The jury found a general verdict for
the plaintiff and answered four special
questions 1--WE do not know" which answers
were in effect adverse to the plaintiff. The
defendants on the same day filed motion
for Judgment on the findings and a motion
for new trial and on later day the
former was denied and the Inter granted
Held that there remains no final Judgment
or order from which the defendants can
appeal.
All the Justices concurring-
A true copy.
Attest: D. A. VALENTINE.
(Seal) Clerk Supreme Court.
The Topeka state journal., 1918-07-13
No. 21,052.
II. A. Swandt. Appellant,


o. C. Ballentine ct al. Appellees.
Appeal from Pottawatomie County
Opinion Denying a Rehearing.
Syllabus. By the Court. Dawson. j..
On appeal the supreme courts jurisdic-
tion is exclusively appellate,-for the con-
sideratfon and determination of errors
alleged to have been committed. in trial
courts.-and error cannot be predicated on
matters not presented to the trial court
and, to uphold the constitutionality of Sec
tion $50 of the civil code, such interpreta-
ton of 1t must be given as will not con-
found the appellate Jurisdiction of the
supreme court with its original jurisdic-
ton.
All the Justices concurring.
A true copy.
Attest: ID. A. VALENTINE,
(Se:LJ Clerk Supreme Court
The Topeka state journal., 1918-07-13
No. q, ,651.
Keith Rober Orazem, Appellee,


C. A. Mcneil, Appellant
Appeal from Crawford County.
REVERSED.
Syllabus. By the Court. Mason, j.
Assuming that one who has been de-
frauded of money has the privilege of
maintaining an action against the wrong
doer upon an implied contract to restore it,
arising out of the fact that of the fraud.
recovery being dependent upon proof
thereof. such a proceeding unless begun
within two years of the discovery of the
fraud is barred by the statute requiring
factions for relief on the ground of fraud,
to be brought within that period, not
withstanding that the limitation fixed for
an action upon contract not in writing,
exrress or implied, is three years.
Johnston. G. J., Burch. J., Porter, j.,
West. J.. and Dawson. J., concurring.
Marshall. J., dissenting
A true copy. -
Attest: D. A NALEN TINE
(Seal) Clerk Supreme Court.
The Topeka state journal., 1918-07-13
LEGAL

against public policy, and is void as
against policy irrespective of the provision
not to establish other stations.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court
The Topeka state journal., 1918-07-13
No. q ,622.
Charlotte Thompson, Appellant,

No. q ,622
Charlotte Thompson, Appellant,
D. D. MeDougal, ct al, Appellees.
Appeal from Cowley County.
AFFIRMED.
Syllabus. By the Court. Dawson. J.
Where plaintiff negligently permits
break in the natural bank of river to oc-
cur and exist on her land, refuses to mend
it, and obstinately and without excuse re-
fuses to permit her defendant neighbors
to mend 1t, her unreasonable and inequit-
able attitude is such that she is not en-
titled to an injunction to restrain the de-
PENDANTS who suffer from flood waters
escaping through such break from main
tanning a levee on their own land, which
levee is designed only to turn back into
the river at a lower point in its channel
the volume of water which escapes through
the break in times of high water and which
flows therefrom through plaintiffs land
on to defendants lands, although such
levee may delay and retard the flow OF
such escaping water over plaintiffs land
All the Justices concurrfng.
A true copy.
Attest: d. A. VALENTINE,
{SeaL) Clerk Supreme Court
The Topeka state journal., 1918-07-13
D. A. VALENTINE,
Clerk Supreme Court.

No. 81 ,67S
The Young Mems Christian Association,
Appellee,
VS..
c. N. Sentney, Appellant.
Appeal from Reno County.
AFFIRMED.
Syllabus. By the Court. West. J.
The controversy presenting merely a
question of fact which was determined
upon sufficient evidence, there being no
error in respect to the instructions, 1t is
held that the verdict must stand.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
(SeaL) Clerk Supreme Court
The Topeka state journal., 1918-07-13
LEGAL

conditions in time to have prevented the
accident If he had obeyed the rules.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
(SeaL) Clerk Supreme Court.
The Topeka state journal., 1918-07-13
No. 81 .49S.
W. A. Hurley, Appellee,

No. p, 1,49S.
W. A. Hurley, Appellee,
]. w L. Gray Appellant and f. NJ. Cline.
Appeal from Linn County.
MODIFIED.
Syllabus. BY the Court. Marshall. J.
Where one of two makers. by partial
payments. procures an extension of time
for the payment of a promissory note con-
tanning a provision that the makers con-
sent that the note may be extended without
releasing either Of them. or in any way
itations runs. from the first maturity of the
note. in favor of the other maker who is
not a party to the extension agreement.
All Ihe justices roncurring.
A true copy.
Attest: n. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal., 1918-07-13
n. A. VALENTINE.
Clerk Supreme Court.
No o1 622

No. 21.SS}.
International News Service. a Corpora
ton, Appellant,
The Gazette Printing Company, Corpora
tion. Appellee.
Appeal from Reno County.
AFFIRMED.
Syllabus BY the Court. Dawson. J.
The property of printing establishment
was repeatedly mortgaged and repeatedly
sold under contracts which named certain
assets and also included:
"Any and all other articles of any kind
formerly connected with the Gazette Print
ing lnod ToIanS' qiII all assets H Of eTerv End
and nature. It being the intention to
mortgage the entire Gazette Printing plant
and everything connected Herewith. and
appertaining thereto, whether mentioned
herein or not
One of the assets was newspaper, and
the successive mortgagors and vendors
surrendered the newspaper along with all
the other pronerty to successive purchas-
ers as mart Of the property mortgared and
sold Held that the language of the con-
tracts for nortCa ging the nronertv and for
selling It, and the operative Interpretation
placed thereon nv the mortgag gors and ven
dors Justify finding and judgment that
The newspaper franchise was included in
The Topeka state journal., 1918-07-13

No. 21 ,566.
4. J. Meyers and Edith v. Myers, Appellees,
VS..
The Acme Iron Company. J. T. Woolsey,
e. w. Hydorn and E. A. Newcomb, Ap-
pellants.
Appeal from Wyandotte County.
division No. 3.
AFFIRMED.
Syllabus. By the Court. Mason, j.
1. In an action for damages for. frand
in the sale of property the evidence is held
sufficient to sustain findings that action
able false representations were made by
the defendant
2. In such an action there is a prima
facie presumption that II the property had
been as represented it would have been
worth the amount paid for it
3. The giving Of an instruction that
fraud is never presumed, but must be
proved like any other fact in the case,
namely by preponderance of the evidence.
and the refusal of an instruction that fraud
cannot be found from mere conjecture and
inference but must be clearly proven. are
held upon the entire record not to require a
reversal.
4. Various rulings held not to constitute
material error.
All the Justices concurring.
A true copy.
Attest: n A. VALENTINE.
[SeaLl Clerk Supreme Court