davidaulloa/AmericanStories huggingface dataset:
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1918-02-15
SWEDES SEND SHIPS
TO AID C0UNTRYMEN

STOCkHOLAI, Feb. -. Tn" Sw"-
dish government is today taking steps
to protect inhabitants Of the AaIand
Islands who nre being subjected to in
human treatment at the hands Of the
Russians. A gunbosJ and two steam
ships have been dispatched to the is
lands TO rescue Swedcs whose lives
and property are impeTiled.
Most OF the people on the islands
are Swedes, and efforts have been
made recently by the islanders "a
bring about annexation with Sweden.
The islands belong to Russia.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1918-02-15

Every one admircs beautiful skin,
lust as every one desires To be
healthy. TnsiGhtly faces filled with
pimpIes. discOloratiOns blackhCadS,
.tc.. are nothing but unhealthy faces
iue TO blood impurities Glcargn the
blood and the facial blemIshes disaV-
pear. Just use Siuagt's talt una
Waters fer 2 short time and see how
IuickIy You will clear up your =l,in.
And then life will take on a happIreS;
never before realized. Get a 5O-Cent
boN OF aStusrt'S Calcium Waters at
any drug store ar send Coupnn below
Tor a sample package free by mail.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1918-02-15
BANK NSURES FIFTY
FAITHFUL employees

The Commercial National Bank is
today qualified as q member of the
Society for the Prevention OF Useless
Gifts.
Each OF It's nifty employees was pre-
scented with a life insurance policy
for $1,000 in appreciation OF the faith
full services rendered during the past
abnormAlly busy months.
Employees have night after night
worked overtime without Grumbling
and the directors OF the bank took
this method OF demonstrating their
appreciation OF their efforts.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1918-02-15
RIcE-THRowINe BARRED.

WILKES-BARRE. Pa. Feb. ID
The local food administrator con-
tinues to issue orders that take the
joy out OF life. His latest prohibits
the shOwerinE Of rice on newlyweds.
Just because leather is valuable. il
IL said he is planning as his next
move an order prohibiting the cast
ing of old shoes following marriage
ceremonies.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1918-02-15
TO PERFORM AUTOPSY.

An autopsy will be performed this
afternoon on the body OF Joseph w
Joline, seventy-three years old. vet
ersn OF the civil war. who was found
dead last night in his room at 800
second street northwest Coroner
hewitt stated the man had apparently
been dead for three days He was
last seen alive on Tuesday. Because
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1918-02-15
-HENNTG ACQUITTED OF
TREASON IN new YORK

NEW YORK. Feb. 15-Paul Hen
mig. a naturalized American. has been
given his freedom by a jury here
following his trial on a charge OF
tampering with horoscopes intended
for use in American submarines.
Hennig proved that he had been
driven from Germany because OF his
anti-government utterances. He as
serted his loyalty to the United
States.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1918-02-15
WOMAN IS TRAPPED
WHEN HOUSE COLLAPSES

LOUISVILLE, Ky. Feb. l5.-One
boy was killed. and an elderly woman
trapped in the ruins is missing when
an old three-story lodging house col
lapSed here early today.
Seven other persons were injured.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1918-02-15

of the condition OF the mans body,
Coroner hewitt ordered the autopsy to
learn the cause OF his death.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-02-16
No. 21.2SG
Gladys Price Stahi, Appellee,


James Henry Stevenson, ct al, Appellants
Appeal from Reno County.
AFFIRMED.
syllabus. By the CourS Mason J.
L. A promise of an ancestor that he will
at his death leave to an heir presumptiye
the share of his estate to which such heir,
would be entitled under the statutes of
descents and distributions. Is not a con-
traet TOT the sale of an interest in lands
within the meaning of the statute of
frauds, notwithstanding the ownership of
real estate by the ancestor when the prom
Use was made and at the time of his death.
Such contract is not one that is not
to be performed within year. within the
meaning of the statute of frauds
3 The holder of life insurance policy in
which his wife. who had since died, was
named as beneficiary. desired to collect
was required by the insurance company TO
obtain a release from her heirs. To in
duce the daughter of a deceased son to
sign such release he promised that II she
would do SO she should receive at his death
one-third of his estate. which was the
share she would have inherited had he then
died interstate. She accepted the PROPOSE
ton and signed the release. He died ieav-
the transactions referred to. giving the en-
tire estate to others. Held, in an action by
the granddaughter of the testator against
the Deneflciarfes under the will to recover
a third of the estate that whether or not
the plaintiffs signature was necessary to
give her grandfather a valid claim against
the company for the whole value of the
policy, her affixing it to the release at his
request was sufficient consideration to
support contract. and notwithstanding
that any possible interest she had in the
insurance policy was trivial in comparison
with the value of the property she claimed
it cannot be said lin view of the fact that
what her grandfather promised her was
what she would have received had he made
no will, and that her controversy is not
with him, but with those whose claims are
based on her disinheritance) that court
OF equity should refuse to enforce the con-
tract as against good conscience
4. Rejected evidence held not to have
been of sufficient Importance to warrant n
reversal. assuming that it should have
been admitted
All the Justices concurring
true copy.
Attest: D. A VALENTINE
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-02-16
No. 21.29T.
William Schaake, Appellee,


The Kansas City, Kaw Valley & Western
Railway Company. Appellant.
Appeal from Leavenworth County.
AFFIRMED.
Syllabus By the Court Johnston. Z. j.
l. Where a railroad is laid through a
tract of land and part of it taken by
eminent domain, injury to the remaining
land resulting from the digging of deep
borrow pits, on the part taken for right
of-~ay in which stagnant water Will ac-
cumulate, as well as an injury from weeds
growing upon the right-of-way from which
seeds will be carried on to the adjoining
land may be considered in determining the
depreciation of the remaining land.
. verdict of a jury will not be set
aside because in considering the amount to
be allowed for the land taken as one of the
items of the total damages each of the
Jurors set down his estimate of such dam
ages and these were added together and
the amount divided by twelve. where it does
not appear that they agreed in advance
that the result so Obtained should be their
finding and where an amount differing
from the result was adopted upon subse-
Quent consideration, and also where the
total damages allowed was determined
without resorting to the method of addi-
ton and division.
All the Justices concurring.
A true copy. -
Attest ID. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-02-16

the creditor denies that such settlement had
been made, the question being finally de-
cided by an action resulting in a Judgment
in favor of the debtors contention. the fact
that the debtor during the tendency of
the litigation disposed of portion of the
goods referred to does not amount to
rescission on his part of the contract OF
settlement, nor does it authorize such
rescission on the part of the creditor.
=. A petition drawn upon theory OF
rescission held to have been good against
a demurrer on the ground that it states
cause of action for conversion.
3. In action for damages for the con-
version of goods by bailee no error is
committed in striking from his answer
statements amounting to reasons for the
conversion where the facts stated con-
stitute no legal Justification.
4. A claim for damages for malicious
prosecution Of a civil action held to have
been properly stricken out
8. In such an action as that referred to
in paragraph two the defendant is entitled
to set up a claim for storage charges.
6. Although the owner of goods In the
hands of a bailee denies ownership, If the
holder wrongfuIly sells them the measure
of his liability for conversion Is their
value at the time of sale, although demand
for them is not made until later.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-02-16
No. 81. 045.
Halle Cooper, Appellee,


J. A. Cooper and Cynthia Cooper. Appel-
lants.
Appeal from Allen County.
REVERSED.
Syllabus By the Court Dawson !
i. The parents of nineteen year old son
owe no legal duty towards that sons wife
except not to NEEDLE Intentionally with
their sons affections for his wife
2. mother law is not guilty of alien
ating her infant sons affections for his wife
merely because she dislfked the wife and re-
GREETED her sons marriage, and expressed
her belief that because Of his extreme youth
he was not fitted for the responsibilities
and duties of a married man.
3. father -in-law is not guilty of allen
ating his infant sons affections for his
wife merely because he gives his son fl
nancial assistance to attend school after the
wife has refused to live with the son on
account of his inability to support her, and
when in good faith the father sought to
improve his sons earning capacity by i'm
proving his education.
4. Evidence examined and held insult
ficient to sustain a judgment In favor of
plaintiff against her parents-in- law for the
alienation of her husbands affections.
Burch, J., Mason, J., Porter, j.. and Mar
shall, j., concurring.
from holding that evidence does not sus-
tain verdict and judgment
true copy.
Attest: d. A VALENTINE
tSeaL) CLERK Supreme Cont
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-02-16
No. 21.301.
J. w. Longfellow, Appellant.


J. w. Longfellow, Appellant
VS..
National Fire Insurance Company, A.
pelIee.
Appeal from Wyandotte County,
division No. 3D.
AFFIRMED.
Syllabus By the Court Burch. T.
A mortgage sued to recover on an in
surance policy issued to his mortga eor.
The mortgage clause merely constituted
the mortgage an appointee to receive the
of the assured. subject to all the terms
and conditions Of the policy. The
mortgagor sold and conveyed the property
which act by the terms of the police
rendered 1t void. Application was made
to the insurance company to substitute the
purchaser of the property as the assured In
the policy. The insurance company i'm
posed certain reasonable conditions which
were not complied with until after loss had
occurred, when the insurance company
cancelled the policy. and returned the nm
earned premium to the mortgagor. Held
the MORTGAGE cannot recover.
All the Justices concurring
A true copy.
Attest: n. A. VALENTINE
tSeal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-02-16
test: D. A. VALENTINE,
,al.) Clerk Supreme Court

No. 81, 27S.
Theodore Schaubel and Laura Schaubel,
Appellees,
The City of Manhattan, Appellant.
Appeal from Riley County.
AFFIRMED.
Syllabus. BY the Court. Dawson, J.
1. When city street which is little used
adjacent residents are accustomed to play
is torn up with excavations for laying a
water main and lateral connections and the
excavations become filled with rain water,
able care to keep the children from going
into the street to wade and play and thus to
prevent them from being drowned in such
flooded excavations; and the question
whether the city has exercised such reason
able care is ordinarily for the jury's de-
termination.
2 three year-old child was drowned
in a flooded ditch in a street not much
used for travel but much used as
Foew of the exstenee af the
excavations in front of their residence and
that the excavations were filled with rain
water and that their child was in danger
of drowning therein and diligently watched
street but during few minutes when the
attention of the parents was diverted to do
nestle duties, the child eluded their vigil
ance and ran out into the street to wade
and play and was drowned. HELD, that in
an action brought by the parents against
child, the question of the parents contrib
utory negligence was one for the jury's
determination.
Johnston, c: J., Bureh, J., Mason, J., Por-
Dawson, J. and Marshall T., dissenting.
A true copy.
Attest: u. A. VALENTINE.
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-02-16
M 3n2


Fidella Weaver, Revived in the name of
Ed Weaver, her administrator, Appellee.
The City of Cherryvale, Appellant
Appeal from Montgomery County.
Refusal to Render Judgment for Defendant
on findings, Affirmed.
Order for n trial Reversed
Syllabus. By the Court Mason, J.
1. In an action against city for injuries
sustained by pedestrian striking her foot
against the end of plank. which at street
corner extended from the pavement to a
curb at the edge of the sidewalk. 1t is held
that the plaintiff in whose favor a general
verdict has been returned cannot be said
ne a matter of law to be convicted of con-
tributory negligence by findings that she
was familiar with the conditions. knew the
plank was there. and by the exercise Of
ordinary care could have seen it imme-
diately before reaching 1t.
2 Where at a subsequent term the court
granted a new trial because of such find
ings no motion therefor having been filed
by either party, such ruling is reversible on
appeal.
s. The question of the sufficiency of the
evidence, while not presented by motion
for a new trial. held to be involved in the
decision on the effect of the findings.
All the Justices concurring.
A true copy. -
ATTEST: ID. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-02-16
d. A. VALENTINE,
Clerk Supreme Court.
No. 2O,911.
Isadore Smith, Appellant,

No. 2O,911.
Isadore Smith, Appellant,
George Hern, Appellee.
Appeal from Reno County.
AFFIRMED.
Syllabus. By the Court Marshall, J.
1. In an action to recover damages for
false arrest, where the petition alleges that
by reason of the false arrest the plaintiff 8
business greatly declined and was DANA oed
in the sum of 81 600. ii is not reversible
error to require the plaintiff to set out in
his petition specifically and in detail how
he was thus damaged.
2. An officer may arrest person without
a warrant where the officer has reasonable
grounds to believe that felony has been
committed by the person arrested.
3. In an action to recover damages for
false arrest, where the defendant seeks to
justify the arrest by proving that the
plaintiff had knowingly received felonious-
~ stolen goods, evidence is admissible TO
prove that the plaintiff had other oc-
casions knowingly received stolen goods.
All the justices concurring.
true copy.
Attest: d. A VALENTINE,
= (Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-02-16
No. n. PSI.
c. C. Epp. Appellant,

c. c. Epp. Appellant,
vs.
Charles r. Hinton ct al. clarence Spooner
ct al. Appelees.)
Appeal from Harvey County.
AFFIRMED
Syllabus. BY the Court. Johnston. c. J.
L An application to enforce a lien of
attorneys upon the proceeds of a Judgment
obtained by their services may be made in
the case wherein the judgment was render
ed without formal pleadings, as is provided
in section 4S5, General Statutes of 1915
. Being a special statutory proceeding
of an equitable nature. neither party is en-
titled to a trial by jury as a matter of
right
3. party may not complain of ruling
on an objection to Hypothetical question
as to the value of legal services. which was
not made when the evidence was offered
4. While the court should give due con-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-02-16

Is held there was no abuse OF discretion
IN the refusal to grant a continuance on
account of absent witnesses because no dill
tgence was shown.
All the Justices concurring except West
j., who did not sit.
a true copy.
Attest: d. A. VALENTINE,
lseai-J Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-02-16

land itself and not mere right of passage
over it.
Johnston, c. J., Burch, J., and Mason, j.,
concurring.
Marshall, J., West, J., and Dawson, J.,
concurring specially.
A true copy.
Attest: D. A. VALENTINE,
(SeaL) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-02-16
No. 21.274

No. 81 PA
o. c. Harlow and Ferol Harlow, Appellees,
C. F. Propes, and (The American Oil &
Gasoline Company, AppellanD.
Appeal from Reno County.
AFFIRMED.
Syllabus By the Court. West, j.
1. Whether or not the plaintiff was
negligent in using what he supposed to be
coal oil in starting fire in his cook stove
was a question of fact properly submitted
to the jury.
.. The agency of the seller of the fluid
from the wagon was sufficiently estab-
lished by the evidence of the defendant
company's manager
8. The substitution of gasoline for coal
oil held to have been the proximate cause
of the injury complained of.
4. The affidavit filed by the defendant
Propes, even If available by the defendant
company, not sufficient to require the
granting of a new trial, under the rule that
such evidence must be such as would likely
work a different result from that already
reached by the jury.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-02-16

No. 21,2S5
Sarah J. Briggs. as Administrative, etc,
Appellant,
VS..
Union Pacific Railroad Company, Appellee.
Appeal from Shawnee County.
division NJ. L.
AFFIRMED.
Syllabus. By the Court. Burch, J.
The engineer of a freight train started
the train on an interstate journey while
the fireman was in a lunch room eating a
lunch. The fireman came out of the lunch
room. and seeing the train in motion,
climbed on top of a car to go forward to
his place in the engine cab. While going
forward over the car tops he stumbled and
fell between cars and was killed. He was
an experienced and competent fireman, and
knew, or should have perceived, the dan
gers which he would normally and neces-
sarily encounter in passing over the train.
Held, under the federal employers liabili-
ty act he assumed the risk
ALI the justices concurring.
true copy.
Attest: d. A. VALENTINE,
tSeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-02-16

car which it had negligently left in an un-
safe condition. The jury found the neglig-
ence to consist of the direction of the road
master to board the car. Held, that as the
negligence charged was not proved the
plaintiff can not recover.
2 1t is proper practice to request the
jury to find what the defendants acts of
negligence were.
3. A submitted question is examined and
not found to contain any pitfall or trap for
the unwary juror.
All the Justices concurring.
true copy.
Attest .. A. VALENTINE.
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-02-16

the evidence or in some manner challeng-
ing the attention of the court to his sep
arate defense.
2. There being some evidence to sustain
a judgment against all of the defendants,
it is affirmed.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(SeaI) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-02-16
No. 21,272.
james E. Drysdale. Appellee,

= VS..
William Wetz, Fred Wetz and Herman
Wetz Appellants.
Appeal from Barber County.
AFFIRMED.
Syllabus. BY the Court. Porter. J.
L. II one defendant who is sued Jointly
with other defendants on a contract of en-
ployment alleged to have been entered into
with all of them, has a different defense
from the others. he should present it to
the trial court in the form of a request for
a special instruction or by a demurrer to
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-02-16
d. A. VALENTINE.
Clerk Supreme Court.
No. 81 PCS.
The Severy State Bank, Appellant,

No. 81 .26S.
The Severy State Bank, Appellant,
The Peoples State Bank. Appellee
Appeal from Montgomery County
AFFIRMED
Syllabus. BY the Court Burch J.
The Judgment responds to findings of
fact and conclusions of law stated by a
referee. The findings of fact respond to
the issues made by the pleadings, and the
conclusions of law merely state the legal
liability arising on the findings Of fact.
to the district court in time, and no appeal
was taken from the order oyerruling the
motion for a new trial which was filed.
Held, the Judgment must be affirmed.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-02-16
No. p, 2S7.
A. j. Vogler. Appellee,


A. j. Vogler. Appellee,
J. D. Bowersock. Appellant.
Appeal from Douglas County.
AFFIRMED.
Syllabus. BY the Court. Porter. J.
1. Section $780, Gen. Stat. 1915, (Sec.
50 of the Workmen's Compensation Act,)
which provides that in action to enforce
compensation 1.-The right to trial by jury
shall be deemed waived and the case tried
by the court without a jury, unless either
party, with his notice of trial, when
the case is placed upon the calendar
demand jury trial." was obviously taken
from compensation acts in other states
where the practice requires notice for
trial and that the cause be placed upon a
calendar. 1t has no room for application
under our practice and procedure.
1 2. The provision in the same action that
IAN action to set aside release or other
discharge of liability on the ground of
fraud mental incompetency may be
Joined with an action for compensation I'M
der the act" entities the plaintiff who
seeks to avoid a release. to have that issue
submitted to the jury with the other issues
in the case
8. Evidence examined and held sufficient
to sustain Judgment setting aside re-
lease executed by the plaintiff purporting
to discharge the defendant from liability
for compensation
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE.
(SeaL) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-02-16
D. A. VALENTINE,
Clerk Supreme Court.

No q, 2S9.
The First National Bank of Hamilton, APP
pellant,
Theodore f. Hoffman and Grace A. Hoff-
man, Appellees.
Appeal from Greenwood County.
Affirmed in Part and Reversed in Part.
Syllabus. By the Court. Marshall, J.
1. The maker of notes gave a chattel
mortgage to secure their payment. and, .af-
terward, filed petition in bankruptcy. The
holder of the notes procured their allowance
as a claim against the estate of the bank
rupt. All the property covered by the chat
tel mortgage, except certain exempt proper
ty, was sold by the trustee under an agree
ment between the trustee, the bankrupt
and the holder of the notes; The bankrupt
was finally discharged, although the notes
we're not paid in full. Held, that the dis
charge released the bankrupt from further
payment on the notes, and released all the
unsold mortgaged property from the lien
of the chattel mortgage.
2. A discharge n bankruptcy does not
release a co-debtor with, or surety for, the
bankrupt from liability on a debt, unless
that debt has been paid.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-02-16
MEDICAL.

ANYBODY suffering from piles who will
call at room 16. Veal block. between 9th
and It'll on Quincy. or phone 2S96 White,
home.