The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-07-08
IN SUPREME COURT
CONTINUED from Page one.l

| (COntfnued from rage One-B
They were convicted and sentenced to
| Jail terms, and while in Jail dug a
hole thru the jail wall to escape. The
men were caught and then were tried
for breaking Jail. The district court
and the supreme court both held that
the men were confined in Jail by law
| full process and that any notion of the
| two men that their confinement was
illegal did not give them a license to
dig a hole thru the Jail wall.
Get Out or Take Consequences.
Any person who rides in an auto
mobile which is being driven too fast
and does not protest and take steps to
either get out or stop the dangerous
speed cannot recover damages for in
| jury. This was the decision of the
Kansas supreme court in the suit OF
T. A. Sharp against Dewey Sproat, ap-
pealed from Shawnee county.
Randle Sharp was member or the
Washburn college baseball team. The
team was on its way to St Marys to
play a game when their truck broke
down. Sharp and another member OF
the team got into Sproat's car to fin
driven at high speed when it turned
over and Sharp was killed and other
members of the party severely IN
Jured. The district court allowed
verdict of $4,000 against Sproat and
in favor of Sharp's father. The SUI
preme court reversed the lower court,
holding, IAN invited guest in an auto
mobile driven at an excessive and
dangerous speed is required to exer-
else such care as is reasonable ana
practicable to avoid injury to himself,
and If he fails to warn the driver,
demonstrate with him or demand that
the automobile be stopped so that he
may leave it or take any precaution
for his own protection when there is
time and opportunity to do so, no
recovery can be had for injury sus-
tanned by him thru the negligent
operation OF the car"
Decide Private Dam Rights.
Kansas farmers who build private
dams are bound to respect and recog-
nize right of adjoining orders, accord
ing to an opinion by the state supreme
court. The mere fact that a road
separates two farms does not remove
the responsibility of the farmer to his
neighbor.
In affirming the Douglas county dis
trict court, George L. Iown, is en-
Joined from maintining dam or levee
on his farm when it INSTRUCTED the
natural drainage and flow of surface
water tending to throw it back on the
adjoining property. Nearly 60 acres of
W. z. Martins land was inundated
when Lown's dam was completed. The
fact that q. previous. dam had been
destroyed before the statute under
which the present suit was brought,
was held not to give Lown the right
to construct a new dam at this time.
Reversed Compensation Case.
Where it is contended that min
er's death was caused by breathing bad
air, the mining company cannot be
held liable under the workmen's COM
pensation act, unless there Is clear
and positive proof of the claim. That
was the position taken by the supreme
court today when il affirmed the
judgment of the Cherokee county dis
trict court where suit for damages
from the death of John Henry Phillips
was dismissed.
Phillips and other miners suffered
from what a physician thought might
have been foul or insufficient air in
the mine. After ten days, Phillips
died. A physician, however, was I'M
able to state positively the cause of
his death, and the trial judge dis
missed the case.
Taxi Ordinance Is Effective.
The supreme court today dismissed
Topeka ordinance requiring taximeters
and insurance for taxis is in effect,
pending final action on the appeal
taken from the Shawnee county dis
trict court by Independent taxi drivers.
p. u. @. Loses Again.
The Kansas public utilities commits
sion recently won a lawsuit in the
Shawnee county district court, but lost
it today on appeal to the supreme
sion to retain practically a perfect rec
ord for defeats in the Shawnee county
litigation.
In the case decided Judge Whit
comb is reversed for refusing to grant
an Injunction against the enforcement
of the utilities commission order com
pelling the Rock Island railroad to