davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
No. 81, sol.
C. Easter. Appellant,

C. Easter. Appellant,
The City of FL Dorado, a Municipal Cor
poration, Appellee
Appeal from Butler County.
reversed and demanded.
No. u, sos.
Fern Easter, Appellant,
VS.
The City of ElDOrado, a Municipal Cor
pOration, Appellee.
Appeal from Butler County.
Reversed and demanded.
Syllabus. by the Court. Johnston, G. j
1. Under the statute providing that all
incorporated cities and towns shall be
liable for all damages that may accrue in
consequence of the action of mobs within
their corporate limits. whether such dam
ages shall he loss of property injury
to life or limb" (Gen. Stat. 1913 $500 a
city is liable for damages resulting from
the action of mob which assembled in the
city and while acting within its corporate
limits destroyed and injured property To-
Gated just outside of its corporate limits
All the justices concurring.
\ true copy.
Attest: u. A VALENTINE,
(SeaiJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
D. A. VALENTINE,
Clerk Supreme Court.

No. 81 ,S34
Florence H. Hickman. by her Next Friend,
Appellee,
The sifers Candy Company. Appellant
Appeal from Reno County.
AFFIRMED.
Syllabus. By the Court. Burch, ].
Assignments of error relating to the ad
mission of evidence, requests for special
findings, and the amount of the verdict, a
portion of which the court required to be
RENTED, considered and held, that error
necessitating reversal of the judgment is
not disclosed
All the justices concurring.
A true copy.
Attest: D. A VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
d. A. VALENTINE,
Clerk Supreme Court.
Nos. 1,T96 and 81 $40.
(Consolidated)
Minnie AIInn -1IIao

NOS. Zl.G9b ana Z1S4U.
(Consolidated)
Minnie Allen, Appellee,
B. F. Bush. as Receiver of the Missouri
Pacific Railway Company; Jacob NJ
Dickinson, as Receiver of the Chicago
Rock Island & Pacific Railway Company
The Atchison. Topeka &c Santa Fe Rail-
way Company; and James W. Lusk. W
&. Nixon and w. T. Biddle, al Receivers
Of The st. Louis & SaIf Francisco Rail-
way. Company, Appellants.
Appeal from Sedgwick County.
division No -
Reversed and demanded.
Syllabus By the Court Porter, J.
l. Plaintiffs husband, who was an Off
Ger and employee Of an industrial plant
was killed while attempting to pass be-
tween two cars standing on side track
when string of cars were coupled against
them The side track had been maintained
Tor many years under a contract with the
owner IF the industrial plant and certain
railway companies by which he granted to
the railways free and unincumbered
right-ef-w way for the track. and agreed that
the railway companies should have the
right to use the track for its own business
or for the business of any other person
or shipper. The track was afterwards
extended by the railway companies and
served a number of other Industrial plants
and was used in connection with the sta te
and Interstate business of the railway
companies Held. that ii was error to in
stract that under these circumstances the
railway companies and the owner or lessee
OF interest in the side track and were in
the Joint occupancy of the ground on
which the track was laid.
> In such n case il is error to instruct
GERS and employees and others having
business with the industrial plant made
| frequent of the ground on which said
track lay in passing to and from said
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
No. 81 S45.

No 81 S4a
T. z. Brewer and &. s. Brewer, CO-Partners,
Doing Business as J. L. Brewer Com
pany, AppeLees,
The Fairmont Creamery Company, a Cor
poration. Appellant.
Appeal from Dickinson County.
AFFIRMED.
Syllabus. BY the Court West j.
1. A letter written by the defendant TO
the plaintiff evidenced n contract to pur-
chase car Of eggs. hence the alleged nom
agency of the broker and the refusal to
permit amendment sNting up the Me-
braska Statute of Frauds became imma-
terial-
. The only issue was the character
of the eggs sold, and conflicting evil
dence the jury found for the plaintiff.
Their verdict must stand.
All the justices concurring.
A true copy.
Attest: n. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
D. A. VALENTINE,
Clerk Supreme Court
No. II, $40.

No. q, $40.
Z. W. Doornbos and Eva Doornbos, APP
pellees,
vs..
d. s. Warwick, ct al. Trustees, Appellants.
Appeal from Butler County.
AFFIRMED.
Syllabus. BY the Court, Marshall, J.
Under the facts pleaded in the answer.
and under the terms of the gas and oil
lease, the material parts of which are set
out in the opinion II is held that the
piaintiffs demurrer to the answer was
properly sustained. and that the lease was
subject to forfeiture for the failure OF
the lessee to do those things that were
necessary to be done to keep the lease in
operation.
All the justices concurring.
A true copy.
Attest: d. A. VALENTINE.
tSeal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
No. 21.S2O.
Arthur Peyton, Appellant,

Arthur Peyton, Appellant,
VS..
Dave Waters, Appellee.
Appeal from Lyon County.
AFFIRMED.
Syllabus. BY the Court. Mason, J..
1. Where an owner allowed a part of
his land to be occupied by a neighbor, who
by his permission built fence enclosing
1t with his own property, and after the
death of such neiGhbor his widow contin-
ued In the occupany of the tract en-
closed. knowing nothing of the agreement,
and supposing that the fence stood upon
the true line between the original tracts,
verse, because of it's having been permits
sive, and the possession of his widow was
not adverse, because she had no intention
of asserting the ownership beyond the act
ual boundary.
2. In that situation it is not necessary,
In order to settle the question whether
the widows possession was adverse, to de-
eide whether the license granted to her
husband survived for her benefit.
Ing that the widow never intended to assert
ownership beyond the true boundary of
her land.
4. The rule applied that the admission
OF incompetent evidence In a trial without
jury is not of itself ground of reversal,
where there was competent evidence to the
same point.
of a landowner was not shown, it is held
denee of an agreement made by him with
regard to a boundary line.
All the justices concurring.
true copy.
Attest: D. A. VALENTINE,
(SeaL) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
y. A. VALENTINE,
Clerk Supreme Court.
No. 21.SS2.
Edison Limerick, Appellee,

No. p So.
Edison limerick, Appellee,
VS..
The Jones Motor Car Company, A Corpora
ton, and J. j. Jones, Appellants.
Appeal from Sedgwick County.
Division No l.
AFFIRMED.
Syllabus. By the Court. Porter, J.
The result of collision between de-
PENDANTS 400 pound truck and motor
cycle driven by plaintiff was the loss of
plaintiffs leg above the knee joint He
was % years of age and before the injury
was strong and vigorous, and was earning
SO week as a bank clerk. The jury re-
turned a verdict for $4,000. The court
required plaintiff to remit $1,000, over
ruled the motion for a new trial and rem
dered Judgment for $4,000. Held, that the
record does not disclose that the verdict
was the result of passion and prejudice.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(SeaI) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
D. A. VALENTINE,
Clerk Supreme Court.
No. 21,S71.

No. FISH.
Viola Coberly, as ADMINISTRATIVE, etc, APP
pellee
VS..
The United Water, Gas & Electric Com
pany, Appellant.
Appeal from Reno County.
AFFIRMED.
Syllabus. By the Court Burch. ].
The proceedings in an action by an
Administrative for damages for the electro
cution of her husband by coming in con-
tact with coil of the defendants wire,
considered, and held, that certain instrue-
tons, framed on the conjecture that the
deceased was a volunteer or an intermed-
dler in coming in contact with the wire.
were properly refused; that the evidence
was sufficient to sustain the charges of
negligence pleaded: and that the evidence
warranted the inference that the negligence
charged was the proXimate cause of the
injury.
All the justices concurring.
true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
LEGAL
Published in The Topeka State Journal
January Is, 1891
SUPREME COURT SYLLABI

No. 21.S1O
Fred Gadberry, IL Minor, by NJ. Gadberry,
His Mother aud Next Friend Appenees'
The Hutchinson Egg Case Filler Company,
4 Corporation, Appellant.
Appeal from Reno County.
Modified and Affirmed.
Syllabus. BY the Court Porter, j..
/. In case under the workmens com
tory where the plaintiff was employed WAS
located sixty feet distant from another
factory that between them was maintained
d runway across which the employees OF
both factories took material from one to the
other; that plaintiff while so engaged was was
injured. Held that he was injured by an
accident arising out Of and in the course is
OF his employment on. in or about the rae
tory of the defendant.
2. The special findings of the jury that
the extent Of plaintiffs disability is about
30 per cent and that he would be able to
earn in the future in some other suitable
employment, about 80 per cent OF ms
One-half disability; and where in such a
case, the jury by the general verdict awards
damages of about 63 per cent held, that
the Judgment should be reduced TO allo"
the plaintiff TO recover on basis Of one
half disa biIity.
3 Under the provision of the workmen's
compensation act that in fixing the amount
of the payment. allowance shall be made
for any payment or benefit which the
during his period of incapacity, (Gen.
Stat 1915. Sec. 5000 an allowance for hos
pitHl charges ana medical attendance or
reasonable amount actually Incurred by
defendant for the benefit of the workman Is
proper, G3undy Y. Products Co, 1O3 Kan.
40, AZ. -Pac.-) and where the
defendant has been rendered liable for such
expenses, the court is justified in order
ing stay of execution until the charges
are paid and the defendant is released from
All the justices concurring.
A true copy.
Attest: ID. A. VALENTINE,
(SeaI) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18

No. p, 1876
J. S. Winkler ct al, Partners, doing bust
ness as The ,Winkler Oil Company, APP
pellants.
w. II. Anderson ct al, Appellees.
Appeal from Allen County.
AFFIRMED
Syllabus. By the Court Burch, j.
The statute making it unlawful to drill
or operate oil or gas wells within 100 feet
of the right of way of any steam or cleo
trio line of railway, does not contravene
the provisions of the constitution of the
state of Kansas, or the provisions of the
constitution of the United States, and is
the product of a proper exercise Of the
police power of the state.
Ali the justices concurring.
true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
No. 21,S10.
Peter Moier, Appellee,


Peter Moier, Appellee,
Joe IIealey, Appellant.
Appeal from Finney County.
AFFIRMED.
Syllabus. by the Court. Burch, j.
Where assignments of error relate to
matters which would be immaterial under
instructions which the nature of the case
permitted and the instructions are not
brought up, it will be presumed. in sup
port of the Judgment, that such instruc-
tons given.
All the Justices cOncurring.
true copy
Attest: y. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
LEGAL
By GOLDBERG.

justified in finding that the coupler wal
worn.
All the justices concurring.
A true copy.
Attest: d. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18

No. 1,G05.
The Security State Bank of Wichita, Ap-
pellee,
J. U. Seaunier. Appellant
Appeal from Wilson County.
REVERSED.
Syllabus By the Court Marshall, J..
l. In an action on a promissory note
that has been transferred to the plaintiff,
where the defense is that the note was
obtained by fraud and without
consideration, and that the plaintiff had
purchased the note in bad faith with
knowledge of the fraud. chattel mort
cages given by the payee to the plaintiff
to secure existing debts and other debts
to be afterward created are competent evil
dence to establish links in chain of cir
cumstances that would tend to show that
the payee had obtained the note by fraud,
and that the plaintiff had knowledge of
that fraud and was not a holder of the
note in good faith.
in the first paragraph of this syllabus,
where the paVee of the note was an timer
ant doctor, who advertised his business by
a dog, pony. and medicine show, it was
pnyee's reputation for honesty and integ-
rity. and his reputed ability as a ply
stefan.
3. The evidence that was admitted, to-
gether with the evidence that should have
been admitted as outlined in the first and
second paragraphs of this syllabus, was
sufficient to compel the court to submit
the cause to the jury for the purpose of
guilty. of fraud in obtaining the note, and
a finding of the existence of fraud would
have been sufficient to place on the plain
tiff the burden of showing that it acquired
the note in due course.
All the justices concurring.
A true copy.
Attest D. A VALENTINE.
(Seal) Clerk Supreme Clerk.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18

No. LII.
The State of Kansas, Appellee,
r. L. Green, Appellant.
Appeal from Sedgwick County.
Division No. l..
AFFIRMED.
Syllabus. By the Court West, J..
A count of an information charging two
or more separate and distinct misdemeanors
is bad for duplicity, and a motion to quash
such count should be sustained.
All the justices concurring.
A true copy.
Attest: D. A VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
No 81 sos.
Lillian c. Otis and BENJAMIN F. Vassar
Appellants,

No. 81 sos.
Lillian c. Otis and benjamin F. Vassar,
Appellants,
Ora G: Otis. ct al. Appellees.
Appeal from Morris County
MODIFIED
Syllabus. BY the Court. Marshall, J
The rule is followed that the intention
of testator, as gathered from all parts
of his will, must be given effect; and
the will, a copy of which is set out in the
opinion. is construed to have given to the
testator's widow a life estate with the
power of disposition. and to have given to
the testators children what was left of
the property on the death of the widow.
All the justices concurring.
A true copy.
Attest: D. A>vALENTINE,
(Seal) Clerk Supreme Court.
No. 21,s26.
Michael Frankovich and Anna Frankovich,
Appeliees,
Albert G. Weigant; Appellant.
Appeal from Doniphan County.
REVERSED.
Syllabus BY the Court. West. J.
The instruments executed by the plain
tiffs examined and held clearly to evidence
deed with an option to purchase back
within a year-which option was not exer-
cised.
All the justices coneurring.
true copy.
Attest: D. A VALENTINE.
tSeal-) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
u. A. VALENTINE.
Clerk Supreme Court

No. u SCI
Clara Thompson. Administrative Of The
Estate Of John NJ Thompson, Deceased,
Appellee,
The Atchison. Topeka and Santa Fe Rail-
way Company. Appellant
Appeal from Harvey County.
AFFIRMED.
Syllabus. BY tho Court. Marshall J.
l. From the evidence on certain ques-
tions, different minds might reasonably
have reached different conclusions: there
fore. the findings Of the jury on those
questions, having received the approval Of
the trial court. and being conclusions that
might reasonably have been reached from
the evidence. win rot be Disturbed
? The defense Of contributory negiIg-
ence was eliminated by the findings Of the
jury which findings showed either that
the deceased was not guilty Of contribu-
tory negligence. ar that the defendant had
not complied with the Federal Employers
Liability Act.
2. Evidence that an automatic car
coupler failed to couDie on two successive
Impacts warrants jury In finding that
the coupler was defective and. where fhe
evidence shows that the car was old and
was destroyed soon thereafter. the jury Is
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
No. 21.sGs.
John S. White, Appellee,


The Atchison. Topeka and Santa Fe Rail-
way Company. Corporation. Appellant.
Appeal from Harvey County.
AFFIRMED.
Syllabus. BY the Court. Dawson j.
1. A hypothetical question summa rizing
plaintiffs antecedent evidence submitted
to expert witnesses for the purpose of
eliciting their opinions to the nature
and permanence Of plaintiffs injuries. ex-
amined. aud held to contain no substantial
element of fact which wsB not included
In plaintiffs evidence narrating his in
juries.
.. verdict and judgment for $500 as
damages on account of plaintiffs injuries
considered, and held that in view Of the
evidence showing the extent. character and
probable permaHence Of those Injuries no
indication of passion or prejudice warrant
ing the Interference of an appellate court
can be discerned therein.
3. The facts adduced in support Of a mo-
ton for new trial considered. aud held
Insufficient y require a reversal Of the
judgment and insufficient to require an
order granting a new trial
IL the justices coneurring.
true copy.
Attest: u A. VALENTINE.
tSeal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
No. 81 500.
Ida NJ. Putnam, Appellee,


Ida NJ. Putnam, Appellee,
C.. E. Putnam, Appellant.
Appeal from Franklin County.
AFFIRMED.
Syllabus. BY. the Court. Dawson, j.
General Statutes of 1915 (Sec. 643 Of Oh. so,
Gen. Stat of 1865, as amended) which
authorize the court in a divorce case, for
and equitable division of the property
acquired through the joint efforts of a
itself is denied, are constitutional and
valid; and in the making of such equit-
able division it Is not necessarily control
ling Significance that such property when
acquired was taken and held in the name
. Where the marital relations of a
husband and wife are SO discordant and
unhappy as to give apparent justification
for an action for divorce, the. trial court
has judeih in such fba action to
quired by them during their marriage al
though neither party has so grossly Of
Tended the marriage obligations as to re-
quire the court to grant an absolute d.
5, Article % of Chapter 90 of the Cen
relating. to divorce and alimony covers
germane and pertinent matters which may
be pToPsriy in diG GeDed
4. record examined and the evidence
held sufficient to support the judgment
and no injustice discerned therein; and
the rule followed that where no manifest
injustice appears the division of property
decreed by the trial court cannot be dis
turbed.
. G. Rule followed that where there is
ample evidence to support the findings
and Judgment the evidence to the contrary
has little Significance in an appellate
!. In making an equitable division of
property between a husband and wife, in
a divorce action, where no prejudice to
defendant is shown. 1t was not error to
award the wife a sum of money to be paid
in installments.
All the justices concurring.
A true copy. -
Attest: D. A VALENTINE,
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18

No. q. TaS.
Outcault Advertising Company, Appellant,
VS..
The Wakeeney Hardware Co., d. B. kraus,
Appellee
Appeal from Trego County
AFFIRMED.
Syllabus. By the Court. Marshall, ].
1. A written order for goods signed by
the purchaser and by the agent of the
seller. but which does not bind the seller
to furnish the goods until the order has
been accepted by him, does not constitute
contract for the purchase of the goods
If the order is withdrawn before it is ac-
cepted.
.. The rules of law governing the re-
session of contracts do not apply where an
order for the purchase of goods is with
drawn before it is accepted
3. An inapplicable instruction will not
necessarily cause the reversal of a judg
ment if the verdict shows that the facts
found by the jury render the instruction
wholly immaterial.
All the justices concurring.
A true copy. -
Attest: n. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18

The j. w. B. proposes to be of maxi
mum service to the men while they
are waiting in camp to be discharged
and it aims to assist them to re-estab-
lish themselves in civil life.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18

Mr.. Jacob Matchmaker. ono of the
]. w B. workers at Funston, was
recently transferred to do work at our
community branch in Chicago: we
were all sorry to see "Watty' go.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18

Sid" Thorman, besides being a good
social secretary, Is becoming a real
honest-to-goodness chess player; he
certainly knows how to gain favor
with the knights and their queen"
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18

Rabbi Louis Bernstein of ST. Joseph,
Mo. is expected to he with US on Fri
day evening, January "a
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18

On Monday evening an open forum
and social was conducted under lead
ership of Mr.. Gelfand. and some real
interesting discussion took place: there
was also plenty of elbow" which was
enjoNed by everybody.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18

D. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18

Another entertainment was held on
Wednesday night. and the talent was
again furnished by the Kansas City
branch of the ]. W. 3.
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1919-01-29

So while the Victor plant did its full share in helping to vii the war, it is
now again bending its energies to supplying the musical needs Of the nation
Of the whole world. From a gigantic beehive Of wartime activities, the Victor
plant again resumes as the greatest musical industry in the entire world.
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1919-01-29

To the thousands Of people who have been temporarily Inconvenience
through their inability to get the Ncnoh and Victor Records they wanted; to
Victor dealers everywhere who in the face Of this extreme shortage stood LOYALTY
by us and steadfasdy refused to offer inferior substitutes, we feel that N expls
nation is due for this scarcity Of Victor products.
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1919-01-29

Upon the entrance Of the United States into the great world
war, the Victor Company Immediately decided to do its utmost
IN making war materials. 1t voluntarily offered its entire plant
whole-heartedly to the Government, regardless Of the fact that
its regular production would be seriously curtaled, regardless of
the setback which would temporarily result to the business it
took years to build up, regardless Of the profits which would
necessarily be sacrificed.
It would have been possible to hold oG-to keep right on
with our regular work and let Others do war work. But the
Victor Company is a thoroughly American concern, and it does
things in the big characteristic American way. It chose to help
the Government to the very limit Of its resources.
The Government recognized the high state Of perfection and
thoroughly modern equipment of the gigantic Victor factories,
and made more and more use of them until as much as 900 of
the plant was at one time engaged in war work. fit were pos
sible to disclose Government secrets and tell of the scientific
experiments which were conducted and of the devices and prod.
ucs which were manufactured, the public would appreciate what
a valuable help the Victor plant was to the Government in win,
ming the war.
Those parts Of the Victor factories which continued to pro.
duce Vicrolas and Victor Records could not, of course, supply