The Topeka state journal., 1919-05-10
STOP A LOOPHOLE PLANE NEAR COAL
Dry Made NC-1, Making Fast Time, With
Drer Supreme Court in so Miles of Trepassey N. +.
Possession Liquor Board Expected at Final Hopping
er Can Convict Landlady.1 OF" Place Within Hour.
DOCTOR CASE IS REVERSED NC-3 MAKES FRESH START
Error Judgment Does Not Op-OH' for Azores May Be
Constitute Malpractice. Made Monday.
Organization VIII Await Arrival
Precedent Case. Ready To Leave Chatham
Kansas Bone Dry Law Made
Drier by Supreme Court.
Possession of Liquor by Board
er Can Convict Landlady.
DOCTOR CASE is REVERSED
Error of Judgment Does Not
Constitute Malpractice.
Boosters Organization
Wins Precedent Case.

That the state bone dry law does
not conflict with state or federal laws
and that it is not in violation with the
personal liberty provisions of the
United States constitution was reas-
serted today by the state supreme
court in a decision affirming the con-
viction of John Mack of Ringo.
Crawford county, as persistent vio-
lator of the state prohibitory laws.
The decision maintains that the
possession of intoxicating liquor is il
legal; that even the possession of
liquor by boarders makes the proprie-
tor of the place a violator.
Neosho Case Reversed.
In the Neosho county case of Mrs.
Millie Gilliland against the Ash Grove
and Portland Cement company. the
court reversed the decision of the low
er court which held that the plaintiffs S
testimony did not constitute grounds
for suit.
Mrs GilIiland sued under the work
mems compensation law. Her hus-
band died from a hemorrhage which
she claimed was caused by exertion by
his work in a stone quarry. The de-
fendant claimed that such death was
not IAN accident" The supreme court
held that such may have been an ac-
cidental death within the meaning of
the law. considering the kind of work
Gilliland was doing. The case was re-
manded for a new trial.
Doster Case Reversed.
Kansas physicians are required to
possess an ordinary degree of skill in
practice, but where their errors are
those of udgment-provided they
keep within approved or accepted
damages. That was the decision of
the supreme court today in reversing
the Douglas county district court
which granted q plaintiff new trial
after a jury had decided a damage
suit in favor of a physician.
Evidence showed Louis Paulich was
injured by a fall on a rock. DIR. F. Z.
Nipple was called and set a broken
ankle. More than a year after the in
jury an X-ray photograph showed the
injury had not properly set. Suit for
malpractice was filed against the
doctor The trial court then set aside
the verdict and granted the plaintiff
a new trial. This action was reversed
today.
Fixes Witness Limits.
Non-eXpert witnesses can testify as
to external appearances and manifest
conditions observable by anyone" says
Justice Porter in the opinion. but
whether a surgical operation has been
performed with q reasonable degree of
skill, knowledge and care and whether
the patient was thereafter skillfully
anu pIOptIly tIedl6u are Oh
science to be established by the testi-
mony of witnesses of special skill and
experience and not by testimony of
those who are without special learn
ing and skill as to such operations and
practice
The plaintiff in the case told of the
actions of his physician. One expert
was called. He stated that various
practices were used in setting a broken
limb and all with varying degrees of
success. On the evidence in the trial
court the supreme court overruled the
lower, court and said that the decision
favorable to the physician and surgeon
must stand.
Anthony Wins Paving Case.
The Anthony Booster club won its
fight in the Kansas supreme court to
get street paving for the city. The
court granted the writ of mandamus
against the mayor and city commits
sioners of Anthony, directing the city
to proceed at once with construction
(Conti1ued on Page TwoD