davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
No. 21No3.

No. q 993
Daisy Thomas. A Minor. by her next
Friend and Mother, Anna Thomas, APP
pellee,
Va
Proctor & Gamble Manufacturing COMPANY.
Appellant.
Appeal from Wyandotte County.
division No. II
AFFIRMED.
Syllabus. By the Court Mason T.
j. In an action under the workmen's
Compensation law there was evidence thst
the plaintiff, seventeen year old girl.
who was paid by the hour. was Injured
during half hour intermssion at noon
while, although at liberty to leave the
premises. she remained there and after eat
ing her lunch engaged with fellow employ
ees in accordance with custom known
to and approved by her employer in riding
on a truck, her injury being caused By
falling from the truck while IL was be-
Ing drawn by a fellow employee: held.
that a finding was justified that the acci.
dent occurred in the course of her employ
ment-
2 It is further held that the evidence
stated was sufficient to support 9 finding
that the plaintiffs injury arose out of her
employment.
All the justices concurring.
A true copy.
Attest: d. A. VALENTINE.
tseaL) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
No. 21.9T.
William Dixon, Appellee,

The Missouri Pacific Railway Company,
Appellant.
Appeal from Barber County.
REVERSED.
Syllabus By the Court. Mason, J.
I. The evidence is held not to support
a finding that sidewalk to be re-
garded as an approach to a railroad cross
ing in such sense as to make the railway
company (which owned the AUDITING prop
erty) liable FOR its being kept in repair
by virtue of the statute requiring high
ways crossed by railroads to be restored
to such condition TO be fit for travel.
2. An ordinance which requires the
abutting owner to repair sidewalks which
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
LEGAL

ground of misconduct OF juror, was prop
erly denied.
6. The rule applied that new trial will
seldom be granted for the production of
newly discovered fmpeaching evidence, and
more rarely when the evidence relates to a
wholly immateria1 matter.
Z. Various assignments of error consid-
cred, and held to be without substantial
merit.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE, =
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
No. 21,O26.
r. n. Baskin. Appellant,

The Strang Land Company, Appellee
Appeal from johnson County
AFFIRMED.
Syllabus. BY the Court. Porter ].
In a suit to compel conveyance of a part
of a tract of land purchased by PLAINTIFF
from defendant and to recover DANA ges,
both parties asked for the Interpretation
of the specific provision relied upon by
the plaintiff. which was uncertain and am
biguous. Held. that judgment sustaining
plaintiffs Interpretation, ordering defend
ant to convey, but holding plaintiff liable
on the balance of the contract is. on the
facts and circumstances stated in the opin-
ion, not inequitable.
All justices concurring.
A true copy.
Attest: n. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
No. 81, $40.
Clara Kirkland, Appellee,

NO. r2I,3tU.
Clara Kirkland, Appellee,
The Atchison. Topeka, and Santa Fe Rail-
way Company, Appellant.
Appeal from Franklin County.
REVERSED.
Syllabus. By the Court. Marshall, J
/. The findings of the jury set out in
the opinion discloses the following facts ::
that two laborers riding in automobile
were engaged in a common, or joint enter
prise: that they had joint control Of the
automobile; that one was instructing the
other concerning a route on which milk
was to be delivered by the latter; that they
attempted to cross a railroad track in front
of an approaching passenger train which
they saw, or could have seen if they had
looked; that each was guilty of contrib
utory negligence; and that the laborer do
ing the instructing was killed. Held that
his widow cannot recover damages for his
death.
2, An answer charging contributory
a motion TO make definite ant. certain has
not been filed.
B. The answer to certain question is
attacked on number of grounds. Held,
that the attack cannot be sustained.
4. The wife of a man who is killed in
a collision with a railroad train, while at
tempting to cross the railroad track in
front of the approaching train which he
saw, or could have seen, If he had looked
cannot recover damages for the death of
her husband.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(SeaI) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
No. q, 992
Farmers and Merchants Bank, Appelle


Alice Quasebarth, Appellant.
Appeal from Edwards County.
AFFIRMED
Syllabus. BY the Court. Johnston, c. J.
1. The purchase of a note by bank
and the deposit of the proceeds therein
makes the bank debtor of the depositor,
but not purchaser for value, but II the
amount of the deposit is drawn out before
maturity and before the bank acquires
knowledge of the infirmities in the paper,
it becomes entitled to the protection ac-
corded bona fide purchaser for value.
2. The fact that such depositor subse-
quently makes other deposits in the bank
after the proceeds of the discounted note
have been checked out. does not take from
value.
g.. A bank purchased a note from de-
posftor and ave him credit in the bank
for the proceeds Including the proceeds
of the note the deposition had then n credit
of s1550.00 Shortly afterwards, and before
maturity Of the note or knowledge by the
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
No. 21,S72
Max J. Kennedy and S. J. Hess, Appellees

No. 21,S72.
Max ]. Kennedy and S. ]. Hess, Appellees,
vs.
The Atchfson, Topeka and Santa Fe Rail-
way Company, Appellant.
Appeal from Wilson County.
Opinion Denying Motion for Rehearing.
Syllabus. By the Court Mason ].
shall be liable to the shipper for loss or
injury caused by it to property in ship
ment, and that no contract or regulation
shall exempt it from such liability, does
not prevent the amount of recovery for
such loss or injury being limited to the
value stated in the bill OF lading, on which
the freight charged is based.
.. Other grounds presented held not to
require a rehearing.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15

bank of any infirmities in it, the depositor
checked out of the bank the sum of SSH. g..
Held, that the bank then became a pur-
chaser for value.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE.
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
LEGAL,
>-~~~~~~~>7-@--@-~~~~--- --~>>~~-~--~>-
Published in The Topeka State journal
March 10, 1921
SUPREME COURT SYLLABI
No. 81 $50.
Bessie Custer, Appellant,>
vs..
B. r. Royse, Appellee.
Appeal from Haskell County.
REVERSED

B. r. Royse, Appellee.
Appeal from Haskell County.
REVERSED
Syllabus. By the Court Dawson, }.
1. The evidence to support an action in
ejectment examined, and held sufficient to
require its submission to a jury, and that
an instructed verdict thereon was errone-
GUS
=. The evidence to support a claim for
damages incident to an alleged wrongful
dispossession considered and held of suf-
ficient against an instructed verdict.
3. In an action in ejectment and for
incidental damages, where counsel for
plaiutiff. in his opening statement to the
jury, was permitted, without objection
to give an outline Of the facts which he
proposed to prove touching the defend
ants conversion of plaintiffs personal
property situated the premises at and
about the time defendant wrongfully> dis
possessed the plaintiff, and where the trial
court, without objection from defendant,
permitted evidence at length to be intro
duced to establish the plaintiffs damages
for such conversion, although the facts
not pleaded were insufficiently
pleaded in the petition to justify such
opening statement and to warrant the in
PRODUCTION of such evidence, it is Held
that the pleadings should be construed as
being broad enough to include those Gle
ments of damage that the issues were
thus enlarged by consent of parties.
All the justices concurring-
A true copy -
Attest; D. A VALENTINE,
(SeaI1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
No. 21.2SO.

The Atchison. Topeka and Santa Fe Rail-
way Company, ct al, Appellants.
VS.
The Board of County Commissioners OF
the County of Cloud, State of Kansas, ct
al, etc, Appellees.
AFFIRMED.
SvIIobus Nv the Court. West, J..
Chapter 6S of the Laws of 1911 super
seeded section 1851 of the General Statutes
of 1915 as to the levy of taxes for building
and repairing bridges, and authorized a
levy in addition to the amount permitted
for current expenses.
Johnston. c. J., Hurch, j., Mason, j., and
Porter. J.. concurring.
West. J.. Marshall, j., and Dawson, J.,
dissenting
A true -opy- -
Attest: u. A. VALENTINE.
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15

No. 81, 754.
Ida f. Collins, Fern Collins and Faun
Cordell, Appellants,
VS..
J. S. Hayden, B. G. Hayden. Gus Taylor
Hayden, ct al, Appellees.
Appeal from Miami County,
AFFIRMED.
Syllabus. By the Court. Mason, ].
/: Notwithstanding the fact that in a
revision of the section of the code maxim z
party incompetent under certain circum-
stances to testify in his own behalf con
corning transactions with a person since
deceased the word party" in that con-
statute is not to be construed as excIud-
ing the testimony of a witness in the class
OF cases referred to whenever a decision
In favor of the party calling him would
inure to his benefit
, Where in trial without Jury judg-
ment is rendered against the party having
the burden of proof, the fact that the
evidence in support Of his claim is not
directly contradicted otherwise than by
testimony which is attacked as incom-
petent does not affirmatively show that the
testimony.
All the justices concurring.
true copy.
Attest: D. A VALENTINE,
t0eaLJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15

No. %, 600.
Harvey Preston Allen and Mary Ella
Strahm, Appellees,
VS..
Clair NJ. Patee, Appellant.
Appeal from Douglas County.
Reversed and demanded.
Syllabus. By the Court Porter, j.
Upon the facts stated in the opinion, it
is held that the election of a widow to
take under the statute instead of under
her deceased husbands will, does not rem
der it impossible to carry out the intention
of the testator, and the rule is applied
that where a widow refuses to accept the
provisions of her husbands will and takes
under the law, the other provisions remain
in full force and must be administered so
to effectuate far possible the in
tent of the testator. (Pittman ". Pittman,
81 Kan. 643, 107 Pac. 235, and cases cited
in the opinion.)
All the justices concurring.
A true copy.
Attest D. A. VALENTINE
(Seal) Clerk Supreme Clerk.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
No. q, 959.
Asa Dillon, Appellant,

No. u $50.
Asa Dillon, Appellant,
Ed Bryant, as Sheriff of Osborne County.
Appellee.
Appeal from Osborne County
Reversed and demanded.
Syllabus. By the Court Porter, J.
Evidence examined and held insufficient
to defeat a chattel mortgage on the ground
that it was made to hinder ard delay
creditors, notwithsta nding the mortgagor
was the son-in-l law of the MORTGAGE
All the justices concurring.
A true copy.
Attest: d. A. VALENTINE
tSeal) Clerk Supreme Court.
No. n 7O4
The Farmers and Merchants National
Bank, Appellee.
Scott Sprout. as Sheriff, and The Hutch
inson Wholesale Grocery Company, APP
pellants.
Appeal from Reno County.
AFFIRMED.
Syllabus. By The Court. Burch. ].
In the year 1916 California simmer
delivered to a carrier goods for transpor-
tation to Hutchinson. Kan. The carrier
issued to the shipper an order bill of
ladins. with a notation to notify a Hutch
inson dealer, The shipper drew drafts on
the dealer, attached to them the bill of
lading properly endorsed, delivered them
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
No. 1,S77.
Charlie Goekan, Appellee,


VS..
The Bank of Palmer, Appellant
Appeal from Washington County.
AFFIRMED.
Syllabus. By the Court Johnston, G. J..
III, followed and applied.
promise made by a second party to a third
latter was not party to it and had no
knowledge of it when made.
3. Where a bank authorizes a dealer in
cattle and hogs to purchase such live
stock, issue checks to the sellers, the live
stock to be marketed, and the proceeds
of the sale deposited in the bank. it agree
ing it would pay out of the proceeds so
deposited, the checks issued to the persons
from whom the live stock was purchased,
together with the incidental expenses, the
seller may recover from the bank the
amount of the check given him in payment
of his live stock if the funds derived from
the sale of the same and deposited in the
bank are sufficient for that purpose.
4. When the seller to whom the check
was given traced the proceeds derived from
the sale of the live stock to the bank it
devolved on it to show that there were no
funds in the bank applicable to the pay
ment of the checks, and there being a
finding of the jury that no such proof was
produced, it must be assumed that the
bank has failed to sustain that branch of
it's defense.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15

No. o1,76s.
The State of Kansas, Appellee
Henry TGft. Appellant
appeal from Edwards County.
Affirmed.
No.21,3 41.
The State of Kansas, Appellee
George. Luft, Appellant.
Appeal from Rush County
AFFIRMED.
syllabus. By the Court Burch. 7,
with intent tn XII on e.,m trial for assault
aeavoEng to apprehend the person as
sa9Iteo for the commission of a crime,
anu sought to justify the force used He
testlfied on direct examination that the
person assaulted fought him On cross
eo a,ha hi ne said the person assaulted
rousnt MN with a knife and cut him. He
was then impeached by evidence that the
wound was not made with knife at ali
cum nru Vas suffered subsequently to the en-
lrnpeacnlng evidence was properly received
Z. After verdict of guilty a motion
Was eontn%ed f so ain Ls1 and the
subsequently, but at the same term, a
tnoton TO reconsider the ruling was en-
consider was postponed to a stated day Of
the next t~-m. At the next term the
moaon to reconsider was allowed, and the
nouon Tor a new trial was reconsidered
and overruled, Held, the court possessed
power to pursue the course taken.
,,. ., SsGuon "a OF the code of criminal
a. new trial places the parties in the same
situation as If no trial had occurred. has no
the term over the work of the term. and
contemplates those orders granting new
triais which ultimately become final orders
T. Authority to revise proceedings during
the term at which they occurred includes
authority to require the presence of the
defendant whenever necessary
D. The proceedings examined. and held
that a new trial, granted at first on the
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
LEGAL

the defendants and the ancestor prior to
the commencement of tt first action. The
pIeadings. findings and judgment in the
ings filed in the latter action, and the
court on a motion for Judgment upon
the pleadings, ruled that the issues as to
title and interest of the parties in the
lands were involved and are deemed to
have been adjudicated in the former action.
the issues formed in the first action pre-
Guides the reopening of the question of
title and ownership of the land as between
the same parties, and bars the defense pre-
sented by the defendants in the present
action
All the justices concurring.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15

No. 81 ,9T5.
Meyer Pazer, as The Salina Iron and Metal
Company, Appellee,
H L. Davis and W. s. Young, Appellants.
Appeal from Saline County.
AFFIRMED.
Syllabus. By the Court. Burch, j..
An appellee who first takes advantage
of the appeal to procure beneficial order,
is not in position to move a dismissal of the
appeal on the ground the appellant had
recognized the propriety and conclusfveness
of the Judgment appealing.
All the justices concurring.
A true copy.
Attest: ID. A VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15

No. 22,014.
Foster Ezel1. Proprietor of The Ladies'
Speciality Shop, Appellee,
pellants.
Appeal from Allen County.
AFFIRMED.
Syllabus. By the Court. Mason, j.
The evidence held sufficient to carry to
the jury the question whether a promise
to pay for goods furnished to another was
original or collateral.
All the justices concurring.
A true copy.
Attest: D. A VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
D. A. VALENTINE,
Clerk Supreme Court.

No o1.95S
J. w. Marshall. W. w. Parsons, J. K.
Mitchell, William Allen, r. r. Hays, Joe
Roice, Carrie Mcguire and c. L. Turner,
Appellants,
VS..
The City of Osborne, Kansas, B. r. Chill
colt, Mayor of the City of Osborne, and
II. S. Woodland, County Treasurer Of Os-
borne County, Kansas, Appellecs.
Appeal from Osborne County.
REVERSED.
Syllabus. By the Court. Mason, J.
1. The owners of lots in different blocks
which are subjected to an excessive charge
for local improvements by reason of the
total amount apportioned among the Lene-
fitted property being too large, may Join
in action for relief.
2. An allegation that the abutting prop
erty is charged with the cost of bringing
the street to grade is sufficient to show
the illegality of a special assessment.
3. The rule applied that where assess
ments for local improvements are payable
in installments tender of the valid por-
ton is not essential to the maintenance of
an injunction against the collection on the
ground of their being excessive.
4. The petition held not to show facts
calling for the bringing in of additional
parties.
ALI the justices concurring.
A true copy.
Attest D. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15

No. 22,303.
IN The Matter of the Petition of Josie
Dunkerton for Writ of Hnbeas Corpus
An Original Proceeding in Habeas Corpus.
\ Writ Denied.
Syllabus. By the Court Marshall. J.
Chapter 29S of the laws of 1917 estab-
fishing a state industrial farm for women,
does not violate section 1 of the 18th
amendment to the Constitution of the Unit
ed States. nor section 1 o. the bill of rights
of the Constitution of the State of Kansas
and does not deny the equal protection OF
the law to women convicted of offences
punishable by Imprisonment.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE.
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15

No 81 1913.
John Deere Plow Company, corporation,
Appellant,
vs..
J. F. Losey, Appellee.
Appeal from Clark County.
AFFIRMED.
Syllabus. By the Court Johnston. c. J..
1. In the settlement with a creditor an
Indebtedness of a partnership composed of
two persons was individualized. each part
ner giving a note for one-half of the in
debtedness and securing it by a mortgage
given on his individual property. and af-
forwards the creditor procured each partner
to sign his name in blank on the back of
the note given by the other in settlement of
the debt. In an action brought on the en-
dorsement it is held under the Negotiable
Instruments Act, that the placing of de-
fendant's signature on the back of the note
did not indicate he was a maker, or guar
antor, but that his liability was that Of an
and then only liable in case notice
of dishonor was given him, as the act pre-
scribes
.. The evidence is in conflict as to
whether or not notice was given or mailed
to defendant, and the finding of the jury
in favor of defendant is conclusive that the
required notice was not given.
All the justices concurring.
true copy.
Attest: D. A. VALENTINE,
(SealD Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
No. 21.960.

No. q 800
No. p ,961.
Charles L. Morgan, Appellee,
The Germania Fire Insurance Co. The
Northwestern National Insurance Co.,
Appellants.
Appeal from Sumner County.
REVERSED.
Syllabus. BY the Court. West J.
1. The general verdict in favor of the
plaintiff is held to be in effect a sufficient
finding that the fire occurred without the
plaintiffs fault.
2. The provision that when required the
plaintiff should submit to an examination
under oath was not made condition pre-
cedent to recovery, and his refusal to COM
ply when called upon. did not, under the
circumstances shown, constitute a valid
defense.
3. The policies provided that they
should be void IL the insured kept used
or allowed on the premises gasoline. or
petroleum or any CT its products of greater
inflammability tn n kerosene OIL" Held
that the plaintiffs keeping in the building
for two or three months his Ford car with
its gasoline tank from one-third full to full
of gasoline talthough not in the building
the night Of the fire. violated this proyis-
ion and avoided the policies.
All the justices concurring.
Attest: D.. A. VALENTINE.
tSeal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15
D. A. VALENTINE,
Clerk Supreme Court.
No. 22.19S.
The State of Kansas. Appellant,

No. % los.
The State of Kansas, Appellant,
F. II. Stanley, ct al, Appellees.
Appeal from Cove County.
AFFIRMED
Syllabus. By the Court. Marshall, j.
the code of criminal I precedure' 0h is not
violated by the principal killing, in an
other state, the person toward whom the
principal was particularly bound to keep
the peace.
2. The suicide of the principal in bond
to keep the peace, committed before the
term of the district court next after CIV
ing the bond relieves the sureties from
liability for the principals failure to ap-
pear at that term of court.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15

NO. -I-ftt.
Louisa Pickens and Johanna Schutt Ap-
pellants,
vs.
Donald A. Campbell, as Administrator, etc,
ct al. Appellees.
Appeal from Shawnee County.
AFFIRMED.
Syllabus. By the Court Burch J.
i. 1t is not necessary that any partic-
ular form of expression be used to make
time of performance by the vendee an es-
sential element of a contract relating to
the sale Of nal estate; and such is the ef-
feet of a contract of sale which conditions
conveyance on performance at the time
specified, and reserves to the vendor the
right of forfeiture and the right of pos
session in case of default by the vendee.
2. The equitable doctrine that when
land is sold on deferred payments and the
deed is to be delivered when the payments
have been made, the vendor becomes a
trustee Of the title for the benfit of the
vendee. does not apply to such contract
The entire title remains in the vendor until
the vendee has performed, and should the
vendor die, the contract is not personal
property, to be inventoried and admins
tered as such by his personal representa-
tive.
All the justices concurrirg.
"A true copy.
Attest: u. A VALENTINE.
tSeaL) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-15

No. 81 ,a17.
NJ. g. Bissey and Robert C. Campbell, APP
pellants,
VS..
The City of Marion, Josiah Good, T. B.
Matlock, Charles Pierce and D. L. Yeag-
ley, Appellees.
Appeal from Marion County.
Opinion Denying a Motion for Modification
or Rehearing.
Syllabus. By the Court Mason J..
Where petition of two plaintiffs states
cause of action as to but one Of them.
it is proper practice to override a general
demurrer thereto to him, and sustain it
as to the other plaintiff.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court.