The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-02-15
No %, O95.
Union Pacific Railroad Company. Appellee,
vs..
Herman Thedan and Anna Thedan, Appel

No. 22,O95.
Union Pacific Railroad Company. Appellee,
Herman Thedan and Anna Thedan, Appel
lants.
Appeal from Wyandotte County.
Division No. 8.
AFFIRMED.
Syllabus. By the Court Mason, j.
1. Where a railroad company has been
granted by act of congress a right of way
400 feet wide under such circumstances
that by reason of the public interest it is
disabled to convey away any part thereof
it cannot be Invested of its right thereto
by abandonment or by the operation of
The provision of the federal statute
known as the Norris act that parts of a
railroad right of way which had been aban-
doned as such should become the property
of the abutting owner must be given a
purely prospective operation, in view of
the authoritative Interpretation already
placed upon a similar provision of the
same act with regard to the effect of adj
verse possession for the period of the state
Johnston. C. T.. Burch, J., Porter, J.,
West. J., Marshall, J., and Dawson, j.,
coneurring.
Attest: d. A. VALENTINE.
(Seal) Clerk Supreme Court.
No. 21.sn.
A. F. Jones and E. L. Shaw, Appellants,
John Hacker, Appellee.
Appeal from Pratt County.
AFFIRMED
Syllabus BY the Court. Porter. j.
1. The owner of a building has no natural
ca sement for the lateral support of the land
of an adjoining owner. The obligation
rests upon him to shore or protect his
building on notification or knowledge that
the adjacent proprietor intends to make an
excavation and where there is no statutory
or contractual obligation. one who exercises
reasonable care and skill. in 'eXcavatfng
resulting to buildings on adjoining land.
. In an action to recover damages to
the building of the plaintiffs caused by an
excavation made by the defendant on his
adjoining lot, it was not error TO instruct
that if plaintiffs had notice or knowledge
that the excavation was to be made. defend
ant had the right to excavate the full length
of his lot and was not required to remove
the dirt in his excavation in sections. pro-
vided he used ordinary care and skill in
making the excavation.
3. The special findings examined and
held. MOTTO be inconsistent with each other
or with the general verdict.
All the justices concurring-
Attest n. A. VALENTINE,
(Seaf) Clerk Supreme Clerk.
No. 21.911.
Eugene r. Hayes, Administrator, etc, APP
pellant,
The Mutual Benefit Life Insurance Com
pany, a Corporation, Appellee.
Appeal from Shawnee County.
First Division.
AFFIRMED.
Syllabus. BY the Court. Dawson. j.
Where an action to reform an insurance
policy and to recover annual dividends on
such policy has been decided in n judg
ment on the pleadings. the entire matter is
res judieata. and a subsequent action to
recover the dividends on such policy will
not lie between the same parties and their
privies in interest; and the fact that the
second suit sought to be maintained is
brought upon the original policy whose
reformation was one of the matters denied
IN the first suit does not relieve the second
suit from the bar of judieata.
All the justices cOQcurriug
A true copy.
: Attest: u. A. VALENTINE.
(Seal) Clerk Supreme Court.