The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-02-08
&. R. EmpIOye Starting Fire
Not in Interstate Commerce.
Supreme Court UphOlds Appli-
cation Compensation Law.
PARSONS WATERROW TOP.U.C.
Contract of Young Caldwell
Lawyer Is Held Valid.
"COmmOn Honesty in Speech"
Is Demanded by Tribunal.

A station agent in a railway depot is
not engaged in interstate commerce
when he is starting a fire in the sta
ton stove The Missouri Pacific Rail-
way company was ordered by the Kan
sas supreme court to pay damages to
c. H Benson, as agent of the company,
at Ray, Kan. Benson was injured by
an explosion of kerosene with which
he was starting a fire in the station
stove.
The railway company contended
that Benson was engaged in interstate
commerce and was entitled only to
such damages as the federal employ
ers' liability law permitted. The dis
trict court and the supreme court
both held that lighting the fire was
no part of interstate commerce and
that Benson was entitled to damages
under the Kansas compensation laws.
Benson was awarded damages I'M
der the state compensation law by
Jury in the Sedgwick county district
court. The supreme court affirmed
the judgment.
81 Must Go to the p. L. c.
- The city of Parsons has had bad
water in quality and quantity from the
Parsons Water Supply & Power COM
pany, but it is not permitted to have
a receiver appointed to get good wa
ter in sufficient quantities so long as
Kansas has a public utilities commits
sion with power to compel sufficient
and efficient service. That was the de-
cision of the Kansas supreme court IN
e. suit of the city against the water
company.
The city and company have been
having a long fight over the water
uuestion and the city finally went into
the cort and secured a receiver with
Instructions to provide good water in
Sufficient quantities for the city. The
company appealed to the supreme
court which held that the company
re fra M not
Furnishing a sufficient supply of good
water, but that the courts had no
authority to appoint a receiver so long
as the state provided another method
of relief.
Upholds Young Lawyer.
The state supreme court today up
held the rights of a young lawyer
lust admitted to practice-who bought
a law library from an established at
torney and entered into a contract
that the veteran should not practice in
the town. BY the decision F. A. Dins-
moor, young Caldwell lawyer, was
tgiven the right to enforce his contract
faltho he had not been admitted to
tBractice at the time the contract was
made.
n Dinsmoor wanted to practice law
He had applied for admittance to the
bar. He bought the law library of F
Il. Thorn and paid $4,000 for it ano
entered into a contract that the seller
should not engage in practice in the
town. Dinsmoor failed to pass his
first examination. but was admitted al
.a---su bsequent examination. Thor
practiced law in the town to limited
extent. it was asserted. Both the Sum-
uer county district court and the state
Ssupreme court upheld Dinsmoor'!
rights under the contract.
.s.sA@ Demands Honesty of Speech.
SNFhe Kansas supreme court lait
down the rule today, what We neeC
in business, as we'll as in social, pc
ntfcal and even international rela.
tions, is common honesty of speech
Inssannouncing this policy, the cour
gave James E. Foote of Linn court!
a judgment against Leslie c. and 10
seph P. Wilson for an alleged fraudu
lent sale of merchandise in bulk.
Foote was a farmer who traded hi
homestead for a stock of merchandis
supposed to have been worth 5000
to 5 I'll, 900, but which later turned GU
toa be worth around $2,50e. Foot
brought suit to recover the money h
had paid for the stock of goods. TIL
court held that he was entitled to hi
money by reason of the improper as
sertions made to the value of tn
stock and its salable qualities
Second Wife Loses Estate.
The supreme court today held tina
a second marriage where children ar
born. abrogates a will made by a hus
band prior to his second marriage
That was the decision of the court i
'disposing of the T. w. Lewis estate i
Jewell county.
A will was drawn by Lewis and hi
first wife. 1t was not probated unit
after both Lewis and his first wifi
died. Matte f. Lewis. the secon
wife, asserted she had no knowlede
of the will She occupied a portion {
the estate in the town of Esbon. I
the Lewis case there were no chiIdre
by the second marriage, but the ST
preme court held that the second vii
could not participate in the estat
which should go to the children by tt
hrst marriage. Several valuable trac
Misunderstanding 100 acres of Ian
bought by the first Mrs. Lewis frol
inherited funds-are included in tt
estate.
RAfAI nnnN IA o-n-