davidaulloa/AmericanStories huggingface dataset:
The daily banner. (Cambridge, Md.) 1897-2008, 1918-01-05
Gard OF Thanks.

We wish to extend our sincere
thanks to our very kind neighbors
and friends for their sympathy dur
ing our recent bereavement.-Mrs
Levin Pylant and Family. ADV.
The daily banner. (Cambridge, Md.) 1897-2008, 1918-01-05

PHOTOPLAYS WANTED Ideas,
plots. original stories wanted. Submit
in any form. No instruction school.
Guaranteed copyright protection to ac-
cepted stories. Consolidated Scenario
Co, Inc 618 Lissner Bldg, Los Ange-
les, Cal. IT.
The daily banner. (Cambridge, Md.) 1897-2008, 1918-01-05
Notice To Odd Fellows.

All members are requested to be
present Monday night for installa-
ton Of officers-S. E. Potter, N. G
ADV. SGT.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-05-18

No. u, 546.
Capital Iron Works Company, Appellant
vs..
W. W. Finney. Appellee.
Appeal from Lyon County.
AFFIRMED
Syllabus. By the Court. Mason, J.
The evidence held to support a finding
that the entering into a new contract had
been accepted as a satisfaction of any
claims on account of the breach of the
original agreement.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINES.
lSeal.1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-05-18
No. 21.132.
The State OF Kansas, Appellee.

No. n.132
The State OF Kansas, Appellee,
Robert q. Smith. Appellant
Appeal from Labette County.
AFFIRMED.
Syllabus. BY the Court. West J.
L Two Jurors after examination by the
parties stated to the court that they knew
nothing about the facts of the case and
their minds were in such condition that
they could sit ana try it az properly and
impartially as though they had heard moth
ing about it. The trial court decided that
they were free from BIAS and oSerruled
challenges for cause. Held thar 1isqua1i-
ton, such ruling must be sustained.
2. One juror stated that he had heard
that the deceased made a dying statement
and was asked whether he had an opinion
that when making 1t she believed she would
not recover. An objection TO this question
was sustained. Held. that as the question
itself was improper and the juror testified
that he was not acquainted with the de-
ceased. knew NO reason why he could not be
a fair and impartial juror, did not entertain
an opinion that she had been assaulted and
did not remember having talked with any
body about the crime, no error was commit
ted in sustaining the objection.
8. The defendant having offered the
testimony of numerous witnesses as to his
reputation for being a peaceful and law
abiding citizen was asked on cross exam
ination if he did not state at one time that
he was the father of the unborn child of a
certain person. to which he replied. Il GER
tainly did not" Another witness was per-
mitted to testify that at the time mentioned
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-05-18
No. n. 534.
Tim Rich, ct al, Appellees.

No. 1,534.
Tim Rich, ct al, Appellees.
e. w. Roberts ct al. M C. Snyder, Appel
Iant.)
Appeal from Kiowa County.
AFFIRMED.
Syllabus. BY the Court. dawson. J.
/. Rule followed that &. garhishment only
reaches the property which actually be-
longs to the debtor. and does not lawfully
reach that which the debtor has already
assigned in good faith 20 other creditors.
. Where n creditor In a punishment
proceeding, gets possession of the proceeds
Of an insurance police which had already
been lawfully assigned to other creditors,
he holds such proceeds as trustee for the
benefit of such other creditors; and, in an
action where all parties concerned are
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-05-18
first published in the Topeka State Jour.
nal, Nay 10, i91S.l

SPECIFICATIONS AND SCHEDULES OF
SUPPLIES
Required BY the
STATE SOLDIERS HOME AT FORT
DODGE, KANSAS, and MOTHER
BfCkERDYKE HOME AT Ellis
WORTH, KANSAS
sealed proposals for furnishing the sup-
plies herein named will be received by the
state Board of Managers until one o'clock
D. m, June %. 1918. The proposals shall
sails for furnishing supplies" and shall be
addressed to the President of the Board
of Managers, Memorial Hall Building. To-
peka Kan. All proposals must be ac-
companied by a certified check on some
responsible bank payable to the BOARD
Of Managers, equal in amount to five per
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-05-18
No. 81, $40.
f. NJ. Arnold, Appellee,

Tho Carnett Light and Fuel Company, ct
al, Appellants.
Appeal from Anderson County
AFFIRMED.
c,I1abus nv the Court Marshall, J.
l. An order granting temporary IN
junction will not be reversed where the
order, to be correct, must be supported by
evidence tending to prove certain Iacts'
and there is nothing in the abstracts to
show that such evidence was not intro
duced. or that such facts did not exist
= Under the provisions OF ne gas anu
oil lease in controversy, which provisions
are set out In the opinion, the lease runs
for 80 years if gas or oil is found in pay d,
ing quantities, or if the stipulated annual
rental of 81 an acre is paid.
All the Justices concurring.
A true copy. ,,,
Attest: D. A VALENTINE,
(Seaf1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-05-18
No. q, 2S2.
Fannie DAWN. Appellant,

The Kansas Medical, Missionary and
Benevolent Association. Appellee.
Appeal from Sedgwick County.
(Second Division.)
AFFIRMED.
Syllabus. By the Court. Marshall. j.
A charitable hospital corporation is not
liable in damages for the failure of its
medical superintendent to comply with a
contract made by him for the care of a
patient being treated in the hospital.
All the Justices concurrine.
A true copy.
Attest: d. A. VALENTINE.
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-05-18
No. II, 1923.
A. Il. HarBish, Appellee,

NO. Zl,fZo
A. r. HarBish, Appellee,
Jacob Barren, Appellant.
Appeal from Pawnee County.
AFFIRMED.
Syllabus. By the Court Burch, J.
1. A defrauded vendor may recover the
real estate conveyed, from a grantee of the
vendee who took title from the vendee
merely as security for a pre-existing debt.
2. One who succeede1 in having stricken
from the files a motion to modify decree
made by one not party to the suit. on the
ground that the decree DID not bind the
mover. cannot afterwards assert that the
decree is res judicata against the mover.
3. The proceedings examined and held
to be free from prejudieial error
All the Justices coficurring
A true copy.
Attest: d. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-05-18

No. 81 SIS.
W. M. Gray, ct al, Appellants,
W. e. Craig, ct al, Appellees,
Appeal from Neosho County.
REVERSED.
Syllabus. By the Court Marshall. J.
mausoleurn, erected and used exclusive
ly as a place for the permanent interment
of the dead, is exempt from taxation under
the second subdivision of section IL, Isl of
the General Statutes of 1915 which exempts
from taxation all lands used exclusively as
graveyards.
All the Justices eoncurring.
A true copy.
Attest: d. A. VALENTINE,
tSeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-05-18
LEGAL
by. the exercise of reasonable care. i

BY the exercise Of reasonable care;
The contract required the plaintiffs
whether: or not the passenger train Of the
plaintiff run into while on the crossing sing
came to q fun stop. The jury answered,
Yes, approximately So" The answer was
purpose of full stop was accomplished.
HE'D, the contract was complied with.
the paef to eeS apS eoaa tge sat
Evidence was introduced to show that
employees" meant-trainmen or a trained
effect was rejected. The gate was opened
by hackman, acting under authority OF
o paeria wbn the nbysica
act of manipulating the structure, and in
view Of special findings showing the gate
in ample time, it was not material what
employee of the plaintiff authorized the
!. To support it's Interpretation of the
contract, the defendant introduced in evil
dence a rule Oh the plaintiff requiring en-
Held, evidence Of abrogation of the rule
by the plaintiff, long. before the collision,
s. The Plaintiff introduced In evidence
a rule of the defendant requiring its trains
to approach grade crossings under full
defendant that full control had special
technical meaning, as applied to crossings
REJECT do ordinariiy, rules q this kind,
containing no term the meaning of which
is not perfectly clear, are to be interpreted
nfcai expressions are used, and sometimes
The practical application Of "a. rule n to par r.
by the rule understand 1t may be helpful.
The court must determine in each instance
whether 1t needs any testimonial aid to in
terpret the word or phrase in dispute.
6. Rules of the kind Eeferred to are
s Bses6 by es on snf
the employer considers proper conduct. and
do not establish the legal measure Of duty
less than the rule prescribes.
Z. The court instructed the jury that
trains were required to approach the cross
troll was defined as such control that the
train could be stopped promptly II need
Under der full ren2
ahd net absolute. terms, and as applied to
the appsoaeh of The aefendant's freight
special findings Of fact, the instruction was
not erssoi,e2ns. s,ss =. ,.o. oons,a.,.a
and heid to be sustained by the evidence.
and to fasten responsibility for the collision
on the engineer IF the freight train.
the company. at fault. sums of money in
settlement Of claims for personal injuries
arising from The S collision ana fer other
eompahies authorised ths settlements: GER
sonal injury claims; the duty Of The de
PENDANT to reimburse the plaintiff was i'm
piled; and the duty arose az soon as set
Elements were made, SO that the sums paid
drew interest," > i
To- The, duty Of the PLAINTIFF to exer-
else Extraordinary care toward its passen-
gers was not owed to the defendant, and
the principles governing the liability Of a
carrier to IFS pa seeDgers do not apply to
the accouRtabiiitS of the defendant to the
plaintiff.
IL Other claims Of error considered. ana
decided adversely to the defendant.
Ali the justices eeneurfihg.
A true copy. .-
Attest: p. A. VALENTINE.
(SeaI) CLERK Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-05-18
No. 81 ,266.
The Severy State Bank, Appellee,

G. N. Hoyt Appellant.
Appeal from Elk County.
AFFIRMED.
Syllabus. BY the Court Bureh, J.
surety for comaker signed a note as
maker. The principal obtained a renewal
by presenting to the holder a note signed
by himself and purporting to be signed by
the surety. The suretys signature was
forged. The holder sued the principal and
the surety in separate actions on the re-
newal note. The actions were consolidated
and tried together. The only issue pre-
scented to the jury for, its determination
was whether or not the signatures to the
renewal note were forged. The jury found
a general verdict against the principal and
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-05-18
LEGAL

for any payment or benefit which the
workman may receive from the employer
during his period of incapaeity'' author
Tres an allowance for hospital charges of
reasonable amount actually and necessarily
Incurred for the benefit of the workman
ana paid by the employer
Ali the Justices eoncurring.
A true copy. -.-
Attest. D. A. VALENTINE.
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-05-18
First published in The Topeka State
Journal. April "a. 191Sl

THIRTY DAY NOTICE OF APPLrcA-
TI1S OF BUSINESS COLLEGE FOR
sPERMIT TO CANVASS IN THE STATE
OF KANSAS.
Topeka, Kansas. April %, 1873
Notice is hereby Q ven that the Peoples
Business College Of Fort scott. Kansas,
has made application to me for permit TO
canvass in the State of Kansas for the
purpose Of selling tuition in advance and
CONTRACTING or securing notes for tuition
from students before their registration at
the business College herein named
: II satisfactory proof is furnished that
The above named college is Incompetent to
advertises or that the moral SURROUNDINGS
Of the institution ire not good. or that the
premises are kept in an unhealthy condi-
tion or that the agents of said institution
use misrepreseE tation~or fraudulent meth
DDS In securing contrac,s. notes. or cash
from prospective students in such case a
permit will not be granted to such business
college. w. d. ROSS.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-05-18
LEGAL

brought into court and all the pertinent
facts are pleaded and proved or conceded, a
judgment may properly Be entered against
such creditor in favor of the other creditors
Ter the sums due them from the debtor In
conformity with the terms OF the assign
ment.
All the justices concufring.
A true copy.
Attest: D. A. VALENTINE
(SeaL) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-05-18
LEGAL,

sued the surety on the original note, which
had been cancelled and delivered to the
principal when the renewal note was given.
Held. Judgment was properly rendered
against the surety.
All the Justices concurring.
A true copy.
Attest: ID. A, VALENTINE,
(SeaL) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-05-18
No. 1872
J. n. Abraham, ct al, Appellants,

f. P WEBSTER, Director, ct al, Appellees.
Appeal from Butler County.
AFFIRMED.
Syllabus. BY the Court Porter: j.
Under Section 265 of the Code, before
Taxpayers of a school district can maintain
suit to set aside an oil and gas lease
of the school site executed by the school
board and enjoin the lessee from entering
upon the school premises and exploiting
for oil and gas, 1t must appear that the
contract and the acts complained of may
result in imposing some burdens of tax
alton upon the plaintiffs.
All the Justices concurring.
A true copy -
Attest; D. A VALENTINE,
ISeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-05-18
LEGAL

estate, when plaintiff. filed a demand
against the administrator for additional
compensation claiming that the services
rendered were worth more than he had
been paid. Held, on the facts stated in
the opinion, that the court should have
sustained a demurrer to the evidence
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(SeaL) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-05-18
No. 21551. A..
. v carson and Charles Sherman APP
pellants,

Anna v. Carson and Charles Sherman Ap-
Ann" pellants,
Tho Atchison. Topeka & Santa Fe faii"as
=" Company, Appellee.
Appeal from Finney County.
AFFIRMED.
u. tho Court. Dawson, j.
Huie followed that in an action ior
damages against railway compans =, hs
breach of city speed oruih in 1establisbifis
The railway companys negligence ui asss
the damages are traceable 70 OF aes
Nv the violation of the ordlnahce. a...as ao
duty to he on the outlook Tor JuVenne
trespa ssers who may be 1ncllne9 10 cliu I'LL
,,non the freight ears Of its, moving trains;
and it IL not hapi ;n t 40 doing.
=: Rule followed that rallway COLL ~
pany's duty to n trespasser Is hereis W
avoid inj1ring ma n,m rslevani circumstances
adduced in evidence to sustain an acton
for damages against a railway company
for the death of a prlg t +, 49, how ciiTrbed
iron the fore truck of a freight car IN
rain moving from five to fifteen mlies per
hour through a city having an ofnlnan ne
limiting train speed to seven miles per
hour: that the boys feet became 1ast IN
the truck and that he fell off and was run
over by the car wheels and that he was
drapred by the foot some LOO rect ne
fore the train was stopped: that the train
men did not see the accident; that the
cuginemen did not see or did not respond
promptly to the Sig signa ms OF acadent had oc
cured. The boy died of his injuries :;
Held that this evidence did not establish
negligence on ths part Of the railway ISay com m
the mart of the boy: and that demurrer
10 the evidence was properly sustained,
All the Justices concurr1ng-
A true copy.
Attest: ID A tALtN \ II,
ISeal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-05-18
No. 21,T25.
Paul Smith, ct al, Appellees,

No. q ,T25.
Paul Smith, ct al. Appellees,
The City of CORTLAND. ct al, Appellants.
= Appeal from Republic County.
AFFIRMED.
l. The statute providing that the grade
Of street may be established by ordinance,
and when so established shall not be
changed without a three -fourths vote of
the city council, does not prevent the es-
Establishment Of grade by any other
method than the adoption OF an ordinance
2 The statute Rrosiding sr. that for the
merits, after the streets have first been
brought to grade" assessments shall be
made upon the abutting1property. does not
fix the order in point of time in which the
grade shall be established with respect to
the contracting for the improvements or
tended to insure that the abutting prop
erty shall not be required to carry the eN-
Jense of bringing the street to grade, by
providing that It is onlI the expense that
accrues after that WORK has been done
which shall be charged to the adjoining
lots.
g. The evidence held to warrant a find
ing that the price fixed in a contract for
curbing and guttering certain streets in
cluded charge for bringing to the es-
tatlished grade the part of the streets
which was to support the curb and gutter.
and therefore to Justify an injunction
against its enforcement.
-. OSfer defects in proceedings for the
imnrovement of streets considered but not
definitely passed on.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE.
(SeaI) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-05-18
No. n. EOS.
Ralph O. Bundy. Appellee.

Petroleum Products Company, a Corpora
ton. Appellant
Appeal from Montgomery County.
MODIFIED
Syllabus. BY the Court. Mason. J.
l. Under the kansaB statute a workman
who has been engaged for specific EN-
ployment at a fixed amount may recover
from his employer Compensation based
UPON the earnings Of persons in that efsde
working FOR less wares in ! different
grade. to which he had been assigned for
short time by reason of a temporary
&C CESSATION. of the work for which he was
employed.
2. The provision of the workmen's COM
rensation act that "fn fixing the amount
of the payment, allowance shall be made
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-05-18
No. p, 4se.
Peter Teffeski Appellee,

Peter Teffeski Appellee,
The Carr Coal Mining A. Manufacturing
Company, Appellant.
Appeal from Leavenworth County
AFFIRMED.
Syllabus. By the Court Johnston, c. J.
A recovery was sought because the
defendant furnished to a miner ii higher
and more sensitive grade of dynamite for
Dlastlng purposes than 1t was represented
was treating it of lower grade there
was an explosion which destroyed his
sight. Held, that the finding of the jury
to the effect that the defendant furnished
the plaintiff higher grade than was called
for is supported by sufficient evidence
: The finding that aggravated damages
were not proven renders an assignment of
error in respect to the submission of that
question to the jury immaterial.s
All the Justices concurring.
true copy.
Attest: D. A VALENTINE
tSeal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-05-18
No. 1880.
The State of Kansas, Appellee,


Pete Will, Appellant.
AppeaI from Saline County.
AFFIRMED
Syllabus. BY the Court. johnston, =.
In a prosecution for persistent We
lation of the prohibitory liquor law ca, an
aiIegntion in an information as to Tor
mer conviction on particular day does
not preclude proof showing that tine es Ve ee
turned ON the date alleged although tns
Judgment imposing sentence ta was eh'efe"
III III not a good objection 10 the au :
mission of a Transcript of the testimony i oa
an absent witness previously given at Inc
nreiiminnry examination that the docke ~
Of the Justice of the peace showed tnat ~
Vas given on one day while the stenos
ranher who took the testimony testlileu
that it was taken on the following H NY,
since il sufficiently appears that tnt "
rns NO doubt as to the identity OF IN. nv
hearing nor any doubt that poth relerieu
20 the same testimony.
All the justices concurrlng.
true copy n A. VALENTINE.
AueSS clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-05-18

No. 21,537.
Charles E. Blanton. Minor, by william
H. Blanton. His Next Friend, Appellee.
The Kansas City Cotton Mills Company and
lThe Kansas City Casualty Company,
Garnishee, Appellant? zoe
william Lubek, Appellee,
The Kansas City Cotton Mills Company and
oarnishee, Appsllantl
Ne p $50. r
Ernest MI Mex. f Frisaa y zp afs Myers
Simon A. Gardner, and tThe Kansas City
Appeals from Wyandotte County.
'D HfFGRm Iii - }
syllabus. BY the Court. Johnston. c. J.
1. Where casualty company in an en-
ployers' insurance contract agrees to in
demnify the insured against loss. including
expenses arising or resulting from claims
upon the insured for damages on account
Of bodily injuries to employees, and where.
have notice of accidents and shall not be
responsible for settlements made by the
employer unless authority In writing is
of emergency relief, and wherein 1t is stipu-
lated that the company shall Investigate all
accidents and defend all suits for damages
unless it elects to settle the claims or suits,
and the company. acting under the policy.
investigates accidents and adjusts and pays
control of the defense of suits upon the
claims of employees Of the insured, the
contract should be regarded as one to in
demnify the insured against liability and
the casualty company is therefore subject
to garnishment at the suit Of the employees
when the insured is inso1vent.
.. Carter v. Insurance Co., 20 Kan. 275, 81
Pac. 17s. distinguished.
g.. The insured employers were not op-
Grating under the workmens compensation
law when the policies were issued, and at
tached to them were riders excepting the
insurer from claims for compensation un:
der the compensation law. Before the end
of the insurance period the insured came
under the compensation law. Held. that it
was competent for the parties to detacn the
rider and modify the contract by an agree
mcnt that the unearned premium should
stand as insurance for compensation for
injuries fof the remainder of the insurance
year; and also held. that the evidence in
the case supports the theory that such an
agreement was made.
All the Justices concufring.
true copy. -
| Attest: d. A. VALENTINE.
(Seal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-05-18
No. 21,521.
Rose C! Miller, Appellee

No. 21,521
Rose c.. Miller, Appellee
Meivin D. miller, Appellant.
Appeal frsp GT sgnG County.
Syllabus BY Tie toass. Dawson. J.
l. An order refusing to consider
motion to eortect Judgment nunc pro
files is final order from which an appeal
is Tss "a he s es sbe code and
the light Of section 5si of the code which
irregularities not affecting substantial
rights nor nor, causing Using, any uncertainty in the
mt M,sas r r. sy Are to be nn
which may be sufficient to defeat a motion
to correct judgment considered, and Held
sser the motion on liz merits and insn
motion from the files
All the Justices eoneurrfng.
A true copy. r-
Attest: D. A VALENTINE,
tseaI.l Clerk Supreme Court
No. 1852
j. A Thompson, and F. D; Thompson.
K ASpsa9 Fen A MNSetfS%sry G6GESppty
i. Company which maintains an T. oil ii
nb s OF ahs snsss of IF I. fsmns Il ss
in damages to one who without negligence
on his part breaks the pipe by driving a
threshing outfit over it and sustains in
jury and loss from the escaping oil
.. In taking their thfeshing outfit into
hre.h erop the ee we're 0 sne to
to use not only the worn part Of the
highway but also the whole width Of the
same 80 far Is ff was necessary.
3. In an action to recover damages re-
sulting from the breaking Of an exposed
oil pipe a dennHffer to plaintiffs evidence
Of the evidence 1t is held to have been
sufficient TO take the case to the Jury az
to the negligence Of the defendant and alao
as to the plaintiffs cohtfibutofy negfi-
eence.
All the Justices concurrfng.
true copy.
Attest: D. A. VALENTINE.
tSeal) Clerk supreme Court.