The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-06-05
TOpekan Was Awarded $4,772
for Injuries in Accident.
FREE FAIR ASSOCIATION WINS
VIII Not Have to Pay Damage
in Scott Case.
Lawyers Illness Not Cause for
Continuation of Lawsuit.


negligently between the tracks and
the plaintiff was in a position of peril
and his own negligence had ceased,
the defendant was liable if it saw, or
by the exercise of ordinary care could
have seen him in such a position in
time to avoid injuring him and failed
10 do so. 1t was held by the Shawnee
county court that both Atherton and
the street railway company were
guilty Of breaking a city ordinance,
Atherton in crossing in the middle of
the street, the street railway company
IN exceeding the speed limit. Ather-
ton was given a Judgment for $4,772
by jury in the Shawnee county dis
trict court.
Amy Kansas city or municipal or
ganization may accept a trust fund
for charitable purposes and adminis-
ter the trust fund so long as the city
remains a municipal corporation. This
was the ruling of the Kansas supreme
court today in the suit of Elisa Tread
well against the city of Anthony and
the executor of the estate of w. E.
TreadWelL Mr.. Treadweu died and in
his will provided for $4,000 to be given
to the city of Anthony as trust fund.
The beneficiaTies of the estate at
tempted to have this bequest set aside
on the ground that the city could not
accept such a trust. The supreme
court said that it would be most I'M
fortunate if the laws of Kansas would
prohibit any city accepting a fund to
be used for so worthy purpose
Can't Dodge That Way.
A corporation under the control of
the government during the period of
the war cannot seek immunity from
law suits because service of summons
was not made upon the governm ents
controlling agency. This was the de-
ctsion of the supreme court in the
suit of Irene Brackville against the
Southwestern Bell Telephone COM
pany appealed from Wyandotte coun-
~ The decision of the district court
was affirmed. Miss Brackville was
injured by a fall in the Bell telephone
plant in Kansas City, Kan. She
bI ought suit for damages and the
summons of the suit was served upon
file manager of the company. The
judgment of the district court allow
ing damages to the girl was sustained.
me supreme court today modified
Its decision of the Home Lumber
company OF Washington. against the
state charter board and the blue sky
board. This company is organized
under a trust agreement and sought
to sell stock in Kansas. The charter
board refused to authorize it to do
business in Kansas because there was
no provision in the Kansas laws for
tIs organization OF common law cor
porations.' The supreme court orig
inaily held that the charter board was
right in its position, but the attorneys
for the company asked the court for
rehearing on the ground that selling
stock Is different from transactinR or
binary business. The supreme court
on the rchearing of the case ordered
the charter board to grant the COM
pany another hearing and decide
whether or not it should be allowed to
sell stock. The new order OF the court
upholds the theory that there is a diff
ference in selling stock and doing
business in the state.
Kansas Free Fnlr Wins.
The Kansas Free Fair association
escaped without the loss of a cent
growing out of injuries sustained by
Alfred Scott. a minor, at the auto
speedway at the fairgrounds several
years ago under a decision by the su-
preme court today affirming "A decision
by Judge George II. Whitcomb hold
ing that the Georgia Casualty COM
pany should pay the $2,9S7 judgment
rendered in favor of Scott by Shaw
nee county jury. The casualty com
pany held that it was not liable for the
judgment because under it's contract
with the fair association it was not
Obliged to pay any damages until the
Tar association reimbursed the in
1ured party in cash. Following the
rendering OF the judgment the fair as
ISOLATION. which had no funds at the
time, issued notes to the Scots Later.
the Scots sued on the notes and OBJ
tanned judgment, which was paid.
Judge Whitcomb held that it made no
particular difference how the settle
iEcnt was effected between the fair as
ISOLATION and the SCOTS, just so it was
satisfactory and the casualty comp any
should pay the association
Claiming that in real estate deal
he had paid $3.50 more for ia acres
OF Butler county land than the owner
had asked for the land, L. A. Schles-
ener of Harrington brought suit in tho
Dickinson county court for S7,S7S.75
damages against members of a Herring
ton realty company. The Dickinson
county jury awarded SchIesener iudr-
ment for S3,504.52, holding that the
defendants, whom Schleseuer Maid
$500 as his agents in the transaction.
Soncealed from their client "facts
within their knowledge relative 10 tbe
price or value of the Butler county
land. The judgment was affirmed
by the supreme court.
What Is said to be the first time the
supreme court of Kansas ever has
been asked to decide whether the phv-
s sics eondluo of an attorney is suf-
Iicient cause for the continuation of a
lawsuit, was put to it by T. H. Stan
ford. SO years old, a veteran aftorrla,,
OF Independence. Stanford was attor-
ney for the plaintiffs in an Important
VIII case. They had just consisted a
three day trial when the case in oues-
ton was called TO trial by the court.
stanford sought to have it continued.
claiming he was physically unable 10
go ahead with it. In an affidavit he
stated that he suffered nervous pros
tration and could not proceed with the
case without endangering his health.
Elmer [. Clark, judge pro tenn, re-
fused 10 grant the continuance and At
torney Stanford moved to have the
case dismissed without prejudice. He
then appealed to the supreme court
from Judge Clark's decision. The
n ontGomery county courts action was
upheld by the supreme court TODAY.
New Orleans Cotton Market.
New Orleans June 5-COTTON-Sno