The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-08
Mine Rules for Use of Dyna-
mite Is Constitutional.
Farmer Entitled to Damages
From Factory Smoke.
DRIVERS MUST Be CAREFUL
Court Refuses Damages in Rail-
road Crossing Accident.
Other Decisions Handed Down
by Justices Today.

The Kansas supreme court today
upheld the constitutionality of the law
of 1919 permitting mine operators and
miners to make rules and regulations
:. for the use of dynamite in coal mines.
Court justices held that shot firer
in strip-pit coal mine comes within
the provisions of the act. The law
makes illegal the use of dynamite in
the preparation of any blast or shot
in any coal mine in this state.
49, Alexander Richards filed suit for
y damages against the Fleming Coal Co.
In Cherokee county. Richards was
working as a shot firer for the COM
pany. He brought suit for personal
damages as a result of injuries sus-
tanned when he was working in the
kscompany's mine. The district court,
- on motion of the defendant company,
dismissed the suit at the end of the
e-trial. 1t was shown to the court that
> Richards was violating provisions of
the 1909 law.
Richards appealed to the supreme
court. The court today held that the
mine worker had surrendered his op-
- portunity for relief when he violated
the provisions of the mining law.
Farmer Must Be Protected.
se-- When a smeIter or manufact curing
sS-company permits the fumes and
Z smoke from it's furnaces to be blown
tEAover the fields of growing crops of a
farmer, the company is liable for dam
ages. That was the decision of the
Supreme court today in affirming tho
decision of the Montgomery county
district court in suit which was
3 brought by j. M Courtney against
- the American Zinc Lead & Shelter
ing company.
ss-s. Courtney owned a strip of land near
1.-The company's smelter. He was en-
r-gaged in the growing of Strawberries,
al Ofb ar n a n
- ad Joining field his COWS and horses
grazed on the green fields. But
Courtney declared that the gases
from the smoke of the smelter killed
his crops, poisoned his animals and
caused heavy losses. The farmer
sought damages in the courts A jury
awarded a judgment in favor of the
farmer, and the supreme court today
held that the smeltering company was
liable to the farmer for any losses
sWhich he suffered
s2asss. Drivers Must Look and Listen.
z-ss- When a man wants to learn to drive
an automobile, he may use the public
highways But it might be safer to
use the broad fields of a pasture or a
- private lane.
Tile supreme court today held that
- Clara Kirkland of Franklin county
s-could not recover damages against the
- Santa Ee Railway Co. because of the
# death of her husband while he was
LEARNING to drive motor car. kirk
L
engaged in delivering milk. Plank
was showing Kirkland the science of
driving a motor car. In the course
Of the lesson, the car was struck by
a Santa Fe train and Kirkland was
killed.
In a suit which Kfrkland's widow
filed against the Santa Fe for dam
ages, a judgment for $4,000 was
Z awarded the widow. The railway COM
= pany appealed and the supreme court
today reversed the decision of the low
err court. 1t was held that the men
attempted to cross the company's
tracks ahead of an approaching train
which they saw or could have seen
snd consequently were guilty of con-
tributory negligence. The widow, the
court held, could not recover damages
against the railway company.
~ Must Pay for Recess Accident.
~ Daisy Thomas, 17-year-old en-
laploye of the Proctor & Gamble COM
pany of ~>ansas City, can recover
damages under the workmen's COM
pensation act for an accident which
occurred while she was on the COM
pany's property during the noon recess
period. That was the decision of the
y supreme court today in affirming a
decision of the Wyandotte county dis
ss1rict court.
S The girl was paid by the hour for
esfer services. She brought her lunch.
Under custom approved and known
by the company management, en-
during the recess period. The girl
went on a ride, and the car was driven
by employe of the company. An
accident occurred and the girl was
Injured. The company refused to
make payment of claim for per-
H-sonal injuries under the compensation
act. Both the district and supreme
fseourts held that the girl was entitled
8 to recover even tho she was not at her
= work at the time the accident &C.
CURED.
Look at Insurance Policy.
- Kansas farmers who are in the hab-
lit of keeping their motor cars in their
barns should take a look at their in
surance policies on the barn. The
Kansas supreme court handed down a
decision today that keeping a motor
car in a barn when the insurance pol
icy prohibits the storing of gasoline in
the barn makes the policy void. The
decision was made in the suit of
Charles Morgan against the Germa mia
Fire and the Northwestern National
Insurance companies. appealed from
Sumner county. The lower court was
reversed. Morgan's barn was de-
stroyed by fire. He admitted in court
that he had kept his car in the barn
and that the car usually contained
e gasoline. 1t was not in the barn the
might of the fire. The insurance poll
icy prohibited the storing of gasoline
in the barn and the supreme court