davidaulloa/AmericanStories huggingface dataset:
Perth Amboy evening news., 1918-09-30

HELP WANTED

GOVERNMENT needs 1900 clerks at
Washington. Examinations New Jer-
sey in October. Salary $1,000. Elk
perience unnecessary. Men and
women desiring government posi-
lions write for free particulars. ]
&. Leonard CORNER Civil Service Elk
aminer.) 93S Kenois Building, Wash
Perth Amboy evening news., 1918-09-30

Camden, NJ. j.. September 25, 1918;
The annual meeting of the stock
holders of this Company. n an cleo
ton of Directors to serve for the en-
suing year, will be held at the of1ce
of the Company, Kaighn's Point Ferry
House, Kaighn's Point, Camden, N. j.
on Monday, October IA. 1918, at 3
o'clock p. NJ.
the above meeting the stockholders
~wfI~consider the e~xpediency of rati-
flying a certain agreement with the
Director General of Railroads relating
matters connected with or growing out
Of the taking over by the President
OF the Company's railroad and sys-
tenn OF transportation and any other
business that may properly come be-
fore the meeting.
Secretary.
21767-e-3O-1O-2-5-s-11.
Perth Amboy evening news., 1918-09-30

WILL install bath and toilet fixtures,
heat your house with steam or hot
pc month. +. J. Larkin. 20s Mar
ket 81
Perth Amboy evening news., 1918-09-30
pLuMING AND HEATING

A. T. GRoTHEN. 40 Smith st-Plumb-
ing and heating; jobbing q speciality,
personally and promptly attended to.
Telephone 1899 or 4s-J.
Perth Amboy evening news., 1918-09-30
DAIRY

A Word Against High Prices on Butter
and Eggs
Our Pure Elgin Creamery (K( Butter
is the bestin the city, only b9c Id.
Our strictly fresh eggs are Guaran-
teed for Infants and Invalids.
FARMERS DIARY
rs Smith st. (Near High Perth Amboy
Perth Amboy evening news., 1918-09-30

TsE WIKI CO. is7 Smith 81; re
E E2pEaiEEss F S6HRFEchI56bANTeERR Np sA SUR
DEPT: ALSO FOR sHIRTWAIeT
DEPT. GOOD SALARY AND COM
MISSION. STEADY POSITION FOR
Perth Amboy evening news., 1918-09-30

WANTED woman for cleaning, once q
week, 1b9 Market ST.
Perth Amboy evening news., 1918-09-30
AUTOS TO HIRE

PACKARD CAR to hire by the hour or
Ave. Phone ssk-
Perth Amboy evening news., 1918-09-30
PERMANENT JOBS AT BIG PAY
MoToRMEN AND CONDUCTORS
WANTED
ON PUBLIC SERVICE CARS
MEN AS MoToRMEN AND
CONDUCTORS


WOMEN AS CONDUCTORS
NO HEAVY LIFTING. GOOD.
HEALrHFUL WORK IN THE OPEN
AIR. WOMEN ARE PAID THE SAME
WAGES AS MEN.
EVERY MoToRMAN OR coNDUc-
TOR, MAN OR WOMAN. IS SURE. OF
EARNING GOOD WAGES WHILE ON
THE EXTRA LIST.
THE COMPANY DESIRES TO Sc
CURE AND RETAIN THE SERVICES
OF EFFICIENT WORKERS IN AN
ESSENTIAL OCCUPATION.
APPLY AT CAR HOUSE. SMITH ST,
PERTH AMBoY. BETWEEN a.so AND
4 p. M. MONDAYS. WEDNESDAYS
AND FRIDAYS.
Perth Amboy evening news., 1918-09-30
MONEY TokoAN

MORTGAGES. LoANtWs can place a
few good loans at : per : In
amount Of $4,000 up. Charles L
eteuefwald. Inc. 20s Smith 81.
Perth Amboy evening news., 1918-09-30
INSTRUCTIONS

PIANO LESSONS given by Professor
Burkof. 1894 Lewis ST.. care of Gil
man. Tel. 1855 J.
Perth Amboy evening news., 1918-09-30
INSURANCE

INSURANCE.. IRE. explosion. accident.
workmen's compensation, automobile,
liability, etc. M. H. Madsen. Raritan
Bldg, t76 Smith st.
Perth Amboy evening news., 1918-09-30
HORSES, WAGONS. ETC.


repaired. Sab state ST., Perth Amboy
Tel. Iss4-M. First class work.
Perth Amboy evening news., 1918-09-30
BUTTER AND EGGS

WE ARE direct receivers Of fresh laid
eKgs for infants and invalide. Once
tried. always used. Rockville Farm
Dairy. EOS Smith 81
Perth Amboy evening news., 1918-09-30

RELIABLE young lady wanted TO take
charge OF furnishings store. Inquire
8b7 State 81.
Perth Amboy evening news., 1918-09-30

FOR eALE-2 lengths ls Il 1e. so Il.
long Oregon pinei 2 lengths 10 4 ~
so It. long. Herman Ellis. south
Second st. and c. r. R.
Perth Amboy evening news., 1918-09-30

FURNITURE-Round table. side board,
2 rugs, . leather rockers. parlor suite
chair. 81 Smith st., over tailor store,
Call between 8 and 7 p. IA.
Perth Amboy evening news., 1918-09-30

100 PER CENT. PURE What? Sim.
mems Luxury Bread. Health ana
strength In every slice. At all stores
10 cents.
Perth Amboy evening news., 1918-09-30

GIRL for general housework. Nc
wishing. ale state st. Inquire In
Perth Amboy evening news., 1918-09-30

HELP WANTED-FEMALE

GIRL WANTED for general housewcrl
Inquire IS Smith st.
Perth Amboy evening news., 1918-09-30
HELP W~ANTED-MALE

wANTED-Assistant engineer at Ma
tawan Water Works. Apply Geo.
w. Parker. Chairman of Water
Works Committee, Matawan, ~. J.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
d. A. VALENTINE,
Clerk Supreme Court.
No. 81, 416.
L. w. George, Appellee,

NO Il ,416
L. W. George, Appellee,
vs..
The Atchison, Topeka and Santa Fe Rail-
way Company, Appellant.
Appeal from Cowley County.
REVERSED
Syllabus. BY the Court West, ].
l. railroad company is not required
to equip its cars with buffers or bumpers
for the protection of brakemen in coupling
or uncoupling cars. Hence the findings
that the negligence in this case consisted
in the failure to equip with buffer and
buffer appliances do not establish liability.
.. A train is required to have eighty five
per cent of its cars equipped with air brakes
so that it can be operated by the engineer
thus rendering it necessary to have certain
of the cars connected by air hose. While
in the complete process of uncoup1ing the
coupler itself and also the air hose and
safety chains may have to be disconnected
there is no requirement that the cars be so
equipped that such air hose or safety chains
can be disconnected without going between
the cars.
B. Two of the three alleged grounds of
negligence being based on matters not re-
ouired of the defendant and the other
having failed of proof, the plaintiff cannot
prevail.
All the Justices concurring.
A true copy.
Attest: -. A VALENTINE.
(Seal) Clerk supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
LEGAL,

ant shall at his death receive the share of
his estate indicated by the statute of
descents and distributions. but dies leav-
ing all his property to others by will, a
court of equity may grant relief by i'm
pressing trust upon the property in the
hands of the beneficiaries of the will, which
trust must be regarded as arising by i'm
plication of law, and therefore as not
within the operation of the statute for
bidding the creation of express trusts in
real property otherwise than by writing.
4. A contract by which the obligor under
takes to make provision at his death for
the obligee, although no present title to
any property passes, is not required in
order to be valid to be executed in ac-
cordance with the statute relatino to wills.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
No. 2t,1i2.
The State of Kansas, Plaintiff,


The Independence Gas Company: ct al.
(The Wyandotte County Gas Company,
Appellant,
John NJ. Landon. as Receiver. etc. ct al,
Appcllees.) Defendants.
Appeal from Montgomery County.
APPEAL DISMISSED.
No u 1iG
The State of Kansas, Plaintiff.
The Independence Gas Company ct al. CThe
Kansas City Pipe Line Company, Appel
liant, John NJ Landon. as Receiver. etc,
ct al, Appelleesl. Defendants.
Appeal from Montgomery County
APPEAL DISMISSED.
Syllabus By the Court. Marshall. J.
1. When an action is dismissed as to
certain defendants, all orders which were
of which complaint is made by those de-
PENDANTS. must be appealed from within
six months after the order Of dismissal is
made
jurisdiction to appoint receivers for the
purpose of regulating the rates of public
service corporations. and neither the courts
nor the receivers of such corporations have
jurisdiction to change legal rates without
the consent of the public utilities commits
sion; but when the legal rates charged by
the receiver of public service corporation
have been enjoined by a court of competent
Jurisdiction, the receiver may put into effect
rates to be charged until the commission
establishes new rate.
5. An appeal may be dismissed when
it appears that all the orders from which
stipulation signed by the party appealing.
4. An appeal may be dismissed when this
court cannot make any order that Will at
feet the rights Of the parties thereto
All the justices concurring except Daw-
son, J.. who did not sit.
A true copy.
Attest: D. A. VALENTINE.
(Seal-) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
u. A. VALENTINE
Clerk Supreme Court.
No. 21.43S.

No n .43S.
The Lantry Contracting Company, Appellee.
The Atchison. Topeka & Santa Fe Railway
Company. Appellant
Appeal from Shawnee County.
Division No. II
AFFIRMED.
syllabus. By the Court Johnston c. J.
1. The defendant, having filed a motion
addressed to the district court within three
days after the decision of the referee which
motion was overruled less than six months
before the appeal was taken is entitled to
a review of the rulings mentioned in that
motion, although tbe referee previously dis
posed of a motion for a new trial filed be-
fore him more than six months prior to the
taking Of the appeal.
=. An arbitrator is the agent of both
parties concerned and where he miscon-
ceives the functions of his agency and pro-
eeeds on the theory that he is the special
agent OF one of them and endeavors to Sc
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
No. 21.G14.
Katie A. Osborn, Appellant,

Katie A. Osborn, Appellant.
william f. Osborn as Executor etc, ct al,
Appellees.
Appeal from Douglas County.
AFFIRMED.
Syllabus BY the Court. Burch. J.
l. Section 1881 of the General Statutes
of 1915. providing that under certain cir
one-half in value of real estate in which
her husband in his lifetime had legal
equitabIe eAi interest capable Of inheritanee.
which were inguisbed by the husbands
death.
. A widow has no interest under the
statute In lands purchased by her husband
with his own funds and DECIDED to him
land at his death to his sons his in
terest being a life estate only.
3. The rule stated in the decisions in
Pac. sss. and Poole '. Poole. 90 Kan. 81.
power of husband to give. away his
intention or known effect be to deprive
his wife of her statutory share should she
survive him. followed.
4 colorado transaction is one pre-
sentiEg an appearance which does not cor
respond with the reality. and in the
sense ordinarily contended for an appear
ance intended to conceal or to deceive.
). Deeds of real estate conveying to a
married man life estates and to his sons
the remainders In fee, considered, and held
not to be colorado
6 Money paid a married man as the con-
sideration for a conveyance of his real
estate in which his wife joins. belongs t6
him. unless it be definitely agreed that a
specific portion shall belong to her indi-
vidually
Z The petition considered. and held I,
contain no allegation of a contract where
by in consideration of the surrender of
the wife-s marital interest in land sold by
her husband, he agreed to invest her with
Il substantial martial interest In other
land
s. The petition considered. and held not
10 charge the husband with perpetrating a
fraud on his wife with respect to the sur
render of her marital interest in land be-
longing to him which he sold
o. Without actual fraud in procuring
wife to join IN CONVEYANCE of her
to impound the consideration received by
him TO control its use. she. cannot pur-
sue the fund.
| 10. In order TO recover under a petition
claiming widows statutory interest IN
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
LEGAL

cure result favorable to that one at the
expense of the other his decision is not
have been.
3. The contract for building a tunnel
provided that If extras were furnished for
which prices were not fixed in the contract
no payments should be made for them un-
less they had been ordered in writing by
on the floor. The parties decided that it
would be better to have short posts nicbed
into the walls of the tunnel instead of
using longer ones resting on the floor of
of the work of cutting the inches for the
short posts was equal to the difference be-
tween the cost of the long and the short
Held, that such work not extra
within the meaning of the contract.
4. When the chief engineer ordered that
posts should be reset in trenches with cou-
crete foundations instead of on the floor
of the tunnel and furnished blueprint
showing the plan of that work, it is deemed
to be sufficient TO meet the requirement
that extra work must be done on written
order.
3. One of the provisions of the contract
was that if the contractor claimed that the
chief chief, engineer in his final estimate had
material, objections should be presented by
the contractor in writing within ten days
after the estimate was made, and it is held
that in view of the things said and done
by the chief engineer the failure of the
contractor to present formal objections in
preclude 4 recovery on such items.
q. final estimate with voucher attach
ed was sent by the chief engineer of the
defendant to the contractor without any
accompanying statement, which voucher
was signed by the contractor as received
on account" No check or money was ten
dered with the statement and after the en-
dorsement of the contractor qualifying the
acceptance the defendant paid and the con-
tractor received the amount named in the
estimate. Held, that the payment and ac-
ceptance of the money cannot be regarded
accord and satisfaction.
Z The several breaches of the entire
contract upon which the action was brought
constitute only a single cause of action.
and an amendment to the petition made
more than five years after the tunnel was
finished setting up an additional ITEM fur
nished under the contract is not barred by
the statute of limitations.
s. The terms of contract being ambig-
uous and open to more than one interpreta-
ton, testimony of the circumstances sur
rounding the execution of the contract may
be admitted to aid in its Interpretation and
in ascertaining the intended meaning
9. The evidence examined and held to be
sufficient to support the special findings
upon which the Judgment is founded.
All the Justices concurring.
A true cor
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
No. II .257
Hammond L. Marsh. Appellee.

VS..
Z. J. Votaw and Ruth Votaw. Appellants.
Appeal from Butler County.
AFFIRMED.
syllabus. BY the Court. Porter. J.
On September 25. 1918. in a foreclosure
suit where the defendants were served with
summons. judgment was entered by default
and with provision barring defendants
from all right of redemption. The sheriff-s
sale. at which the plaintiff purchased. was
confirmed December 16, 1913, the decree of
was for purchase money. that less than
one-third thereof had been paid. and fixed
the period of redemption at six months
from the sale. On September %. 1916, the
defendants moved to have the sale and
confirmation set aside and the Judgment
modified. but stated no defense to the
action. and made no offer to redeem Held
that the original judgment. though err
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
No. 21,4a9.
Charles ". Smith. Appellant.

No. g1,4.9.
Charles W. Smith. Appellant.
VS..
John Parman. ct al, Appellees.
Appeal from Cowley County
AFFIRMED.
Syllabus BY the Court. Porter. J.
l. In an action for malicious prosecution
the first count of the petition is held sub
ject to demurrer because the action was
barred by the one year statute of limita-
tons Fourth Sub-d Sec Ii, &iy. Code)
.. The second count of the petition is
held barred because an amendment alleg-
ing that defendants gave false testimony
at the trial which resulted in plaintiffs
conviction. brought in a new and different
cause of action. and having been filed more
than one year after the cause of action
accrued. IL was too late
;. The third count in the petition is held
to state no cause of action because it
shows that the prosecution of plaintiff re-
suited in his conviction: Notwithstanding
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12

John Craig. Appellee

John Craig, Appellee
The Salina Northern Railroad Company,
Appellant
Appeal from Saline County.
AFFIRMED.
Syllabus BY the Court. Mason, J.
/ In the trial of an appeal from an
award of damages for the appropriation or
q railroad right of way through a farm.
witness for the landowner testified that he
farm as a whole. but not of the separate
tracts Of which 1t was composed. Held.
that no reversible error was committed in
. sustaining objections to questions asked
%Ssm on Characterization to the value
Of specific tracts. and as to how he could
tell what the whole was worth without
knowing the value of the different parts
.. The Instructions in such case held
not to be Objectionable as falling to state
the issues.
3 In such a case no error is committed
in the refusal to require the Jury to answer
the value OF each OF several tracts forming
8 part Of the farm was caused by the ap-
preparation of tile right of way.
l. In such a case no error is committed
in the refusal to require the jury to
enumerate the considerations that tended
To make the farm less valuable by reason
Of the location of the railroad.
s. The record held not to show that the
verdict was the result of passion or pre-
judice.
a. On an appeal from an award in cen
domination proceedings the allowance of in
terest from a date subsequent to the ap-
preparation is held not to have been err
All the Justices concurring.
true copy
Attest. D. A. VALENTINE.
(Seall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12

No. q, 42O.
School District Number Thirty-six of
Montgomery County, State of Kansas,
Appellant,
vs.
The Board of Education Of the City of In
dependence, State of Kansas, Appellee.
Appeal from Montgomery County
AFFIRMED.
Syllabus. By the Court. Dawson, J.
Under section 9129 of the General Stat
rtes of 1915. territory outside a city of the
second class but adjacent thereto may be
annexed to the city school district ap-
plication of a majority of the electors in
the territory proposed for annexation; and
it is not necessary to exclude from such
annexation any particular tract in such
territory merely because no person owning
or residing thereon Joined in the applfca-
ton for annexation; nor is the Validity of
the proceedings affected by the fact that
the school district from which the territory
detached had no notice of the applica-
ton nor of the resolution annexing it to
the city school district.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court. +
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
No. Il, 2S6.
Gladys Price Stahl, Appellee.

Gladys Price Stahl, Appellee.
vs.
James Henry Stevenson, ct al, Appellants.
Appeal from Reno County
OPINION DENYING A PETITION FOR A
REHEARING.
Syllabus. By the Court Mason, j.
l. The provision of the statute of frauds
requiring written evidence of a contract
for the sale of lands or any inter
est in or concerning them does not apply
to all contracts which in any way concern
lands.
. The former ruling refusing to reverse
the Judgment on account of the admission
of evidence adhered to.
8 Where an ancestor for valuable con-
sideration orally promises that a descend
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
No. 21.453.
]. o. Robinson, Appellant,

]. L. smalley and Jessie Smalley, Appellees
Appeal from Cowley County.
REVERSED.
Syllabus. By the Court burch' ).
lease granting the right to explore, and if
mineral he found. to produce and sever, is
a contract for the sale of an incorporeal
Sereditament within the meaning of the
sixth section of the statute of frauds (Gen-
Stat 1918. 1891
. contract by a husband, whereby Tor
wife 10 sign Gn oil and gas lease of the
character described. need not be in writing
TO be acthonable-
All tine Jusuices concurr1nS.
A true copy. .
k+fest: u A. VALENTINE,
1SealO Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
No. 21.44a.
Glenn A. Warner, Appellee.

Glenn A. Warner, Appellee.
f. o. Shook and George Reigl. Appellants.
Appeal from Ford County.
AFFIRMED.
Syllabus. BY the Court. Mason. J.
I. In an appeal from an order granting
a new trial the appellant contents that the
ruling was based solely the ground
that error was committed in giving a par
ticular instruction 1t is held that upon
the whole record it appears that the new
trial was ordered because the trial judge
disagreed with the jury in their view of
the facts. and therefore the decision is not
renewable.
2 The fact that the trial court in
granting a new trial specifically and for
mally sets aside without any support
in the evidence only a part of the special
findings which are attacked. and states
that there some tevidence to support
the others. does not necessarily show that
such approval was given to the latter find
ings to justify this court in orderin z
Judgment on them, even if they would be in
themselves, if regarded as establishing the
facts to which they relate conclusive of the
rights of the parties.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
CSeal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12

No. u ,419.
A. F. Lombard, Appellee,
VS..
o. W. Uhrich and r. H. Uhrich, Partners
under the firm name and style of Uhrich
Planning Mill Company. Appellants.
Appeal from Montgomery County.
AFFIRMED.
Syllabus. BY the Court. Marshall, J.
1. Judgment was rendered under the
the payment of 81 a week during the period
Of plaintiffs partial incapacity, and provid
ing that the defendants should be relieved
from the payments If they continued the
plaintiff in their employ and paid him the
same wages as he received before he was
injured and providing that whenever the
plaintiff should quit the defendants en-
ploy, the payments should begin. A petit
lion for a new trial was filed alleging that
the plaintiff acted fraudulently in procur-
ing the judgment, in that he intended to
quit the defendants employ and seek EN-
pIoyment elsewhere at increased wages.
and alleging that the plaintiff did quit the
defendants employ and did procure en-
ployment elsewhere at increased wages,
Held, that the petition did not state facts
sufficient to compel the trial court to grant
a new trial.
. Under the circumstances disclosed in
section 1 of this syllabus. the court ordered
that if the defendants defaulted in the pay
ment of 81 n week, the entire amount of
compensation should become due. and that
execution should then issue therefor. Held,
that it was not error to enter that order.
All the Justices concurring.
/ A true copy. -
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
No. 21.377.
Clyde E. knight, Appellee,

Fred J. Cossitt. Appellant
Appeal from Sedgwick County.
;Second Division.)
REVERSED
Syllabus By the Court. Marshall, J.
On the trial of action for damages
caused by collision between automobiles.
the evidence introduced proved that a
father and his 23-year-old son. with the
wife of the father, lived together as one
family, and that the father and son Jointly
owned an automobile which was used for
family purposes, and, when so used. was
ordinarily driven by the son. The evidence
also proved that the son used the automo-
bile in his private business; that in the alb
sence of the father, and without his knowl-
edge, the son took the automobile to make
a trip of his own; that the mother got into
the automobile to ride with him: and that
an accident then occurred which resulted
in an injury to the party bringing the
action. Held, that the evidence was not
sufficient to establish the relation Of mas
ter and servant between the father and the
son.
All the Justices concurring.
true copy
Attest: d. A. VALENTINE
(SeaL) Clerk Supreme Court.