davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18

No. 219S7.
The State of Kansas, Appellant,
L. NJ. Crawford and Roy Crawford. Appel
lees.
No. 21 9SS
The State of Kansas, Appellant,
The Peoples Amusement CO., ct al, APP
pellees-
Appeal from Shawnee County.
Division No. Two.
AFFIRMED.
Syllabus. By the Court. Dawson, J.
l. The legislature cannot delegate to
private individuals and private associa-
lions Of persons the power to make obliG-
atory rules concerning the management
and care of property nor provide that the
breach of such rules shall be a penal Of
Tense.
2. The provision in section 5 of the fire
prevention act, section 1868 of the General
Statutes of 1915. requiring that "all electric
wiring shall be in accordance with the na-
tional electrical CODE is void for uncer-
tainty.
3 The National Electrical Code" is a
set of rules relating to electrical wiring,
etc, promulgated by a body of private
individuals and voluntary unofficial organ
izations which meets occasionally through
vised from time to time. A statute re-
quiring the owners of theaters to make all
their electrical wiring conform to the ma
tiOnal electrical code" is an attempt to dele
gate the Legislative power of this state and
therefore unconstitutional.
All the justices concurring.
A true copy.
Attest: d. A VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
d. A. VALENTINE,
Clerk Supreme Court.
No u 6ST.
The First National Bank of Garden City
Appellant,

VS..
z. s. Stroup. Appellee.
Appeal from Saline County.
AFFIRMED.
Syllabus. BY the Court Johnston. c. ].
1. Rulings in Bank V. Stroup, 100 Kan
II and IA followed and applied.
. That the execution of a promissory
note was procured by fraud and given
for accommodation may be set up as de-
fenses against the party accommodated.
3. Evidence Of tie purpose for which the
note was given, and that it was given for
accommodation and without consideration,
may be shown without trenching upon the
rule that oral evidence can not be used to
vary or contradict the terms of a written
contract.
T. Where the plaintiff was financing d
construction company and through misrep-
reservations procured the defendant to ex-
ecute a note in favor of the company,
which plaintiff caused to be transferred
to an innocent party. and subsequently OBJ
tanned possession of the note and upon
representations that the Plaintiff was car
rying the indebtedness for the company.
and desired Il change its form, and
through false representations procured the
defendant to execute a note in the name
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
No. 1,SO7.
L. o. Carter, Appellee,

II. j. Durham. and Ford +. Harvey, as
Receivers, etc, Appellants.
Appeal from Wyandotte County.
division No. ID
AFFIRMED.
Syllabus. by the Court Burch ]
l. Section 4S4 of the General Statutes
of 1915, amending section s of chapter IL
of the General Statutes of 1855. authorizes
an attorneys lien on money due the attor-
ney's client and in the hands of the ad-
verse party, in any matter In which the
attorney was employed, as well as in any
action or proceeding. the word natter in
this connection meaning business or affair
Notice of an attorneys lien, duly
served. is adequate for the purpose il
1t give Information sufficiently definite and
certain to enable the party served to pro-
client.
3 A notice of attorneys lien considered,
and held to be sufficient
!. In an action for damages for personal
injury the attorney for the plaintiff served
lien. Afterwards the plaintiff dismissed
the action without the attorneys knowI-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
D. A. VALENTINE,
Clerk Supreme Court.

No. p 296
The Colony State Bank of Colony, Kansas,
Appellee,
vs..
w. T. Watson, The Bankers Deposit Guar
anty and Surety Company, and NJ NJ.
Brown, appellants.
Appeal from Anderson County
Affirmed in Part and Reversed in Part
Syllabus. BY the Court. West, j.
1. The issues presented to the jury hav-
ing on sufficient evidence been found In
favor of the plaintiff, the verdict must
2. The lien, if any, of the plaintiff bank
on the stock of one of the defendants in
terposed 10 obstacle to its looking to the
surety bond company for indemnity.
). A provision of the bond that notice
should be given on becoming aware of any
act which might be made the basis of a
claim under such bond, held not TO pre-
clude the plaintiff from maintaining this
action under the circumstances shown by
the evidence and stated in the opinion
4. The provision in the bond that no
claim should be paid unless filed within
six months from its expiration or cancella-
ton constituted a defense to the action
against the company.
D. knowledge which a director of bank
might but did not have touching the ac-
count involved herein, did not bind the
bank.
6. The evidence examined and found not
to Justify the claim that the verdict is
excessive
All the justices concurring.
true copy.
Attest: D. A. VALENTINE
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
ID. A VALENTINE,
Clerk Supreme Court.
No o1.s12
Max ]. Kennedy and S. J. Hess, Appellees

No q. s12.
Max ]. Kennedy and S. J. Hess. Appellees,
vs.
The Atchison, Topeka and Santa Fe Rail-
way Company, Appellant.
Appeal from Wilson County.
REVERSED.
Syllabus. By the Court Mason, J.
1. Where rates for intra- state shipments
are based on the value of the property as
set out in the contract, a provision thereof
limiting the carriers liability to that
amount is valid, even with respect to loss
occasioned by Its negligence.
2 In thea bsence of evidence to the con
trary it will be presumed that the schedules
of rates and regulations in use by carrier
have been properly filed with the Utilities
commission.
3. A finding that an injury occasioned
by the making of a flying switch whereby
a string of cars is sbunted against a loaded
car standing on a siding was the result
of gross negligence, does not, in the alb
sence OF any evidence of exceptional cir
cumstances, imply that the injury was in
territorial or wantOn, and does not take
foregoing paragraph numbered !.
f. Where under the circumstances stated
the shipping contract contains no express
provision that the carriers liability is lin
tied to the value there stated, the same
result follows from recitals that the rate is
based on such valuation.
All the Justices concurrfng.
A true copy.
Attest: y. A. VALENTINE.
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
No. 81. SEQ.
o. L. Toadvine, Appellee,

No. 81 $50.
o. L. Toadvine, Appellee,
A. F. Sinnett, Appellant.
Appeal from Rush County.
REVERSED.
Syllabus. BY the Court West J.
Under the facts stated in the opinion the
defendant is held not liable for the injury
caused by his automobile when used by
his agents wife in violation of his ex-
press orders.
Johnston. C. J., Marshall, J. and Daw-
son, J., concurring.
Burch, J. and Porter, J., concurring
specially.
Mason, J., dissenting.
A true copy.
Attest: D. A VALENTINE.
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
No. 81 $40.
Ella p. Grimes, Appellant.


Ella p. Grimes, Appellant.
Grant Raney, VIM. Wright and Robert II.
Friend. as members of the BOARD ofCoun-
ty Commissioners OF Stanton County,
Kansas, Appellees.
Appeal from Stanton County.
AFFIRMED.
Syllabus. Ny the Court. Porter, J.
Where, after the conveyance of land sold
for taxes. it Is discovered or adjudged that
the sale was invalid. the allowance OF n
claim for the refunding of the mouey and
subsequent taxes and charges paid by the
purchaser or his assigns lies In the dis
erection of the county commissioners (Gen.
Stat. 1915. Sec. 11461 and where they have
rejected the claim, no action can be main
tained against the county to recover the
payments.
All the justices concurring.
A true copy.
Attest: ID. A. VALENTINE,
tSeal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
No. %, 1872.
The State of Kansas, Plaintiff,


f. A. Rea, Defendant.
Original Proceeding in Quo Warranto.
Judgment of Custer Denied and Action
Dismissed.
Syllabus. By the Court. Dawson, J.
Where judge Of the district court who
has entered the service of the United States
as an army officer in time of war does not
resign and surrender his Judgeship but
continues to exercise in part. the frnctfons
Of his judicial office, the question whether
his entrance into federal service has the
effect of forfeiting his right to the judicial
office can only be determined in some
appropriate proceeding brought directly
against him. and cannot be determined
in an action challenging the right of an
other person to exercise the judicial pow
ers OF Judge pro tempore during the ab-
sence Of the regular presiding Judge when
such judge pro tempore was lawfully
chosen in conformity with the statutes.
All the justices concurring.
A true copy.
Attest: u. A VALENTINE.
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
LEGAL

of the plaintiff, and for accommodation.
the defendant is entitled to defend against
an action brought on the note by the plain
tiff. although there might have been no
defense to the original note in the hands of
the third party.
D. The evidence in the case was suffi-
cient to support tie findings of the jury.
6. No error is found In challenged in
structions given by the court.
All the justices concurring.
true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
No. 81, SIS.
J. C. Collins. Appellant,

No. 81 ,S1J
J. c. Collins. Appellant,
John Morris. Appellee.
Appeal from Miami County.
AFFIRMED.
Syllabus. By the Court Johnston, C. j.
1. In an action of trespass to recover
for the destruction of trees growing near
a disputed boundary line, evidence of a
private survey made at the instance of the
defendant without notice to the plaintiff
may be received for the purpose of show
ing whether or not n trespass had been
committed by the defendant.
2. One who sues for damages for injury
to trees standing wholly on his own land
has no right to complain of an instruc-
ton that he can not recover for injuries to
trees standing on the division line and
partly on the land of each of the contend
Ing parties
3 The verdict is held to be not incon-
sistent with the special findings of the
jury and is not without support in the
evidence.
All the justices concurring.
A true copy
Attest: d. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
No. 81. SOB.
John B. Mathews, Appellee,

The Kansas City Railways Company, Ap-
Pellaut-
Appeal from Wyandotte County.
Division No. l.
AFFIRMED
Syllabus. BY the Court johnston c. J.
L The evidence in the case examine /
and ii is held to be sufficient to support
finding that the injury sustained by
plaintiff while riding as a passenger on
one Of defendants cars. was the result of
the negligence of the defendant, in causing
another OF its Ears TO collide with The one
on which the plaintiff was riding, and that
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
LEGAL

the evidence fairly tends to show that the
collision was the prdNimate cause of the in
Jury sustained.
p Objections made to some of the in
structions given to the jury are held to be
without merit.
g. Under the evidence as TO the nature
and extent of the injuries of the plaintiff
it is Held that an award of $15,000.00 as
damages can not be regarded as excessive
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(SeaL) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
LEGAL

of the arrest inside the building they were
guarding the offender, at the call of con-
stable who was not then present, but who
had reduced the offender to custody on a
warrant for breach of the peace, and that
the defendants apprised the sheriff of the
facts. Held, the sheriff was clothed with
superior authority and was vested with su
perior right to the custody of the offender :;
that the force and violence displayed out
side the building were not knowingly and
dence, if true, afforded ne justification for
obstructing and resisting the sheriff.
Johnston, c. J.. Mason. j., Porter, J.,
and Dawson, J., concurring.
MARSHALL, J., and West, J., concurring
specially.
true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
No. 81, 1872.
w. p. White, Appellee,


w. p. White, Appellee,
ys.
The Kansas City Stock Yards Company, A
Corporation, Appellant.
Appeal from Wyandotte County.
Division No. One.
AFFIRMED.
Syllabus. By the Court. Dawson, J.
1. An employer is liable under the Work
mems Compensation Act for injuries sus-
tanned by employe from an electric
shock caused by n mischievous prank
of his fellow workmen, when it is shown
that the preparation Of such pranks had
become a custom on the employers prem
ises, and consequently had become an Incl
dent to the employment.
2. The person designated by the master
to direct the work If employees is fore
man, however limited in other respects his
authority may be; and the knowledge. of
such foreman that dangerous practical
jokes were being perpetrated by some of
his employees at the expense of other en-
ployes was notice to the master.
Johnston, C. J., Mason, J., West, J., and
Marshall, J., concurring.
Burch, J. and Porter. J., specially concur
ring.
A true copy.
Attest: y. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
No @m5
No. 22.075.
Ord ClfngmaD, Guardian of The Estate Of
AmaRuel Hill, Insane, Appellee,

W. V. Hill, ct al, Appellants
Appeal from Sumner County
AFFIRMED.
Syllabus By the Court Johnston. c j.
L Where a guardian of the estate of an
insane person diyerts the funds of the
estate and invests them in land. taking
the title thereto ia the name Of his wife
who pays consideration for the land
and where the purpose both was to mis-
appropriate the funds and defraud the
estate, the legal representative Of the estate
may maintain an action against the de-
faultiug guardian and his wife to reclaim
the trust fund so diverted and to establish
a trust against the land in which the trust
funds were invested
2. Such a proceeding Is not one in the
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
No. 21.14G.
Stella V. Pantel, Appellant,

SItIId '. IuHltI, AppeIIdHl,
Florence J. Bower. Appellee
Appeal from Geary County.
AFFIRMED.
Syllabus. BY the Court Porter, j.
In an action for the specific performance
OF an alleged agreement between the plain
tiffS mother and the defendant when the
plaintiff was years old. by which de-
PENDANT agreed that she and her husband
would take plaintiff into their home, raise
and treat her as their own child, and
upon their death she should inherit from
them either of them the same share
OF their property in the same manner as
though she were their own child, and they
should die interstate, held, on the facts
stated in the opinion that n demurrer to
the plaintiffs evidence was rightly sus-
tanned.
All justices concurring.
A true copy.
Attest: n. A. VALENTINE.
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
No. q. S3G.
Il. J. Carver, Appellant,
W. u. Grcason. Appellee.
Appeal from Miami County.

Appeal from Miami County -
AFFIRMED.
Syllabus. BY the Court. Mason. J.
l. An article printed in newspaper,
which has relation 7vholiy 20 the official
eonduct OF public officer and does not
reflect dpon his private character nor assaii
the integrity Of his motives. fl eondftfouai1y
privileged. and will not support an action
on his part for libel. Notwithstanding IL
may not be true, u II was published in good
falfh-without actual malice
To prevail In an action brought un-
der such Circumstances the plaintiff IL re-
qutred to plead and prove express fnaIice
Malice In not presumed from the false and
Injurious character Of the publication, al
though IL may be inferred from the isn-
gunge used, II Il IL II q disproporfionats.
otherwIse IL must be made to appear By
eHfrinsir evidence.
J. Whether the language Bsed in a par.
heuiar case on its fsce constitutes evidences
of actual malice is a question OF law 10 be
defermiRed-bv the court
T. An article In n newspaper alleging
that county attorney. before reeommend-
ing the parole Of n defendant who had
pleaded guilty 20 q felony. had not made
he would have discovered that he had pre<-
ioDsly been inmate Of a peniteufta ~
held not 10 show msffce on its face. all
though the conduct Of the officer in that
regard WIS characterized in somewhat sf-s
fensive language. :
;. The extrinsic evidence held not u
show actual malice.
All the Justices eoncurrtug. =
true copy.
Attest: D. A. VALENTINE
fSeal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
No. 81 sag.
Guy A. Spencer, Appellee.

Henry McClenney Appellant
Appeal from Sheridan County.
AFFIRMED.
Syllabus. BY the Court Mason. ].
]. Statutory provisions authorizing the
setting aside of Judgment for mistake,
neglect or omission OF the clerk, or irreg-
ularity In obtaining II. or for unavoidable
casualty or misfortune preventing the party
from prosecuting or defending, refer wholly
to the proceedings leading up to the Judg-.
taking place after its rendition, such as
the loss OF the reporters notes of the evil
dence.
2 Where the stenographer's notes of tho
evidence have been lost, statement APP
proved by the trial Judge may be used on
appeal In lieu Of a transcript thereof. al
though tile statute makes express provis-
ions for such substitute only I'm case of
the stenographers death or disability. =
All the justices concurring. e
true copy.
Attest d. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
No. 21,74T.
The State of Kansas, Appellee,
Syllabus.

J. f mccarthy ct al. Appellants.
Appeal from Morton County.
AFFIRMED.
Syllabus. Ry the Court Burch ].
In a prosecution OF the defendants for
knowingly and willfully obstructing and
resisting. by force and violence, a sheriff
in the execution OF 4 warrant for felony, it
appeared that the sheriff took the Offend
er into custody inside a building. in the
presence of the defendants. took the offend
way to the office of the justice of the peace
who issued the warrant, he defendants fell
upon the sheriff. and held. pulled, and
beat him. until the offender esca ped. The
defendants offered to show that at the time
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
No. 81 $50
L. NJ Perkins, Appellant.
May A. Rerty. ct al, Appellees.
Appeal from Cherokee County.


May A. Berty. ct al. AppeIlees.
Appeal from Cherokee County.
AFFIRMED.
Syllabus. by the Court. Dawson j.
l. In suit to quiet title instituted by
the holder of a defective tax deed which
Is less than five years old, 1t IL not error,
as against the plaintiff. to dismiss de-
PENDANTS cross action to quiet her title
when she had not paid nor Offered 20 paw
The delinquent taxes which were the basis
of the defective tax deed
Reimbursement Of an occupying claim
ant for improvements Is not due until
Judgment dispossessing him is entered nor
Is II error to refuse TO adjndicate this mat.
ter In suit to quiet title. (Corbin W.
Young. p Kan. 1919. 201. 2O2l
J. Until tax deed Is five years old
1t IL not entitled to the aid of Judicial
presumptinns and differences to remedy its
defects when to indulge them would aid
in FORGETTING the rights Of the land owner
I. The rights OF the holder Of defective
tax deed which IL less than five years old
are the statutory ASSURANCE that he Will
be reimbursed for the amount which he
has paid for taxes together with twelve
per cent per annum on his investment II he
y deprived Of the property covered by his
defective tax deed =.
All the justices concurring
tine copy
Attest: ID. A. VALENTINE,
tseaL) CLERK Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
LEGAL

nature of a creditors bill and 1t may be
maintained without first obtaining judg
making a fruitless effort to enforce 1t by
execution.
). The action was rightly brought in the
county where the land was situated and
jurisdiction having been obtained on one
Of the defendants a summons could be
served upon the other defendant IN another
county, and while such service would not
justify the rendition of a personal judg-
ment against the defendant served In an
other county, it was sufficient to warrant
the court in giving Judgment declaring and
establishing a lien upon the land IN which
the trust funds were wrongfully invested.
4. A ruling denying a motion to Quash
the service of summons Is not renewable
until final Judgment is rendered.
All the justices coneurriRg.
true copy.
Attest: d. A VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18
No. 21,S0S.
Fred L. Eames, Appellant,

Fred L. Eames, Appellant,
Frank Clark, Appellee
Appeal from Dickinson County.
REVERSED.
Syllabus. By the Court. Mason, j.
/. In an action against the driver of an
automobile for running into an eight year
old boy and causing his death, the defend
ant was charged with negligence in going
too fast. The plaintiff in making his case
in chief introduced evidence that the car
going twenty-five to thirty miles an
hour. The defendant testified that he was
going from six to eight miles an hour when
the boy ran in front of the car: that he
put on the brake and the car skidded about
ten feet: that when he saw that he had
struck the boy he released the brake and
the machine rolled about twenty feet fur
Their and was stopped by new applica-
ton thereof In rebuttal the plaintiff Of
fered to prove by an expert witness in
answer to two hypothetical questions that
under the circumstances stated by the
defendant the first application of the brake
would have stopped the ear within two
feet if it had been going but six to eight
miles an hour, and that the distance trav-
eIed before stopping indicated an initial
speed of thirty to forty miles an hour
Held, that such showing was proper in re-
buttal but that one of the questions in
cluded a material assumption not warrant
ed by the evidence.
> The statutory provision (now repeal
ed that upon approaching ..-...--.....
another vehicle or an animal OF person out
side any village or city, the person operat-
ing a motor vehicle reduce the speed of
such vehicle to a rate not exceeding eight
miles an hour and shall not exceed such
speed until entirely past such :.
vehicle, animal or person made it the duty
of the driver Of an automobile in passing
a pedestrian in the highway to reduce his
speed to eight miles an hour.
>. The refusal of an instruction relative
to the care required of child walking in
the highway on the approach of an auto
mobile held to have been erroneous.
4. An instruction that it is the duty of
a foot traveller on highway when he
knows of the approach of an automobile
in the Travelled and beaten track to SteD
aside and out of such Travelled and beaten
track to avoid and prevent injury to him
self held to have been open to construc-
ton requiring the pedestrian to leave the
used portion of the highway, and as so
construed to have been erroneous.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE.
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-18

No. 217S0.
Thomas f. Marshall, Appellee,
C. w. Beeler, Appel ant.
Appeal from Edwards County.
Reversed and demanded.
Syllabus. By the Court. Porter. J.
The provisions of the statute regulating
the legal rate of interest and providing
penalties and foFfeitures for taking or con-
tracing for the payment of interest in ex-
cess of the statutory rate (Gen. Stat. 1915,
Sections 54S2. 5iS3) have abrogated the
borrowers common-law right to recover
back usurious interest.
All the justices concurring.
A true copy.
Attest: d. A. VALENTINE,
(Seal.) Clerk Supreme Court.