6632. First National Bank (Frankfort, KS)

Bank Information

Episode Type: Suspension → Closure
Bank Type: national
Bank ID: 2809
Charter Number: 2809
Start Date: December 1, 1891*
Location: Frankfort, Kansas (39.706, -96.417)

Metadata

Model: gpt-5-mini
Short Digest: 17479912

Response Measures

None

Description

Newspapers from Dec 1891 list the First National Bank of Frankfort as having gone into voluntary liquidation. By October 1892 a receiver (Albert S. King) is acting for the bank and pursuing litigation to recover bonds, indicating the bank was closed and in receivership. No article mentions a depositor run; cause is voluntary liquidation.

Events (4)

1. November 3, 1882 Chartered

Source: historical_nic

2. January 8, 1891 Voluntary Liquidation

Source: historical_nic

3. December 1, 1891* Suspension

Cause: Voluntary Liquidation
Cause Details: Listed in newspapers as having gone into voluntary liquidation during the past year (reported Dec 31, 1891).
Newspaper Excerpt: The following Kansas banks went into voluntary liquidation during the past year: ... First national of Frankfort
Source: newspapers

4. October 12, 1892 Receivership

Newspaper Excerpt: Albert S. King, receiver of the First National Bank of Frankfort, Kansas, brings suit against the Bradford Savings Bank and Trust Company to recover the value of twenty bonds ... The receiver claims the bonds were the property of the bank he represented.
Source: newspapers

Newspaper Articles (9)

1. December 31, 1891 Barton County Democrat Great Bend, KS

Article from Barton County Democrat, December 31, 1891

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KANSAS STATE NEWS. A. H. Martin, formerly business manager of, the Champion, and a brother of the late Gov. Martin, died at Atchison the other day. The Friends College association of Kansas, which proposes to build a college in the state, was incorporated the other day. The officers are: President, E. Stanley, Lawrence; secretary, John Kirby, Tonganoxie; treasurer, John D. Mills, Lawrence. In accordance with the decision of the last convention of the Kansas state federation of labor the next meeting of the federation will be held at Hutchinson Monday, January 4, 1892. All railroads will give a holiday rate-one fare for the round trip. At the Kansas City, Kan., opera house the other night during a performance a pistol dropped from the pocket of Deputy Sheriff Bowling, which was discharged. the ball striking Lizzie Burdette, a colored woman, in the hip, which resulted in her death two days later. After a week of excruciating pain and suffering J. N. Deering, a well known resident of Bourbon county, died the other day. Mr. Deering deliberately poisoned himself by taking a dose of laudanum and followed it up with a dose of morphine. No cause for the act could be assigned. He left a wife and ten children. Mrs. Frank Cigrand, of Argentine, went out a few days before Christmas to do some holiday shopping, leaving several children in the house. During her absence the children set fire to the house by some means and her fouryear-old child was burned to death. Charlie Boeker, an eight-year-old boy, was also badly burned. The Second Regiment, Kansas National Guard Columbia association, which proposes to accumulate funds for use and maintenance to attend the Columbian exposition at Chicago, has been incorporated. The capital stock is placed at $12,500 and the incorporators are the officers of the various companies of the regiment. The large frame dwelling house belonging to the estate of the late Hon. D. G. Campbell, of Merriam. was burned to the ground the other night with most of its contents. Ten barrels of fine cider were stored in the basement of a portion of the house. The loss will reach several thousand dollars with but $1,000 insurance. While recently clearing some timber on the farm of James Dougan, in the southern part of Atchison county, James Saunders found a petrified human body, which the successive rains had evidently unearthed. The petrifaction is almost perfect in form, one hand alone being missing. Old settlers say it is the body of "Willow Twig," a notorious Kickapoo Indian, who made his home with a Frenchman named Pensinau, and who was minus a hand. The following Kansas banks went into voluntary liquidation during the past year: First national of Hill City, First national of Frankfort, West Side national of Wichita, Anthony national of Anthony. National bank of El Do. rado, Citizens' national of Medicine Lodge, United States national of Atchison, First national of Ashland and First national of Burr Oak. Four Kansas banks obtained an extension of their corporate existence during the year. At Augusta the other day W. A. Rhoades shot his divorced wife and then sent a bullet through his brain, killing him instantly. Mrs. Rhoades received a bullet in the neck, and may recover. Last summer Rhodes secured a divorce in Nevada. His wife brought suit against his mother in the district court for alienating his affection and had just received a verdict of $1,000 damages On the morning of the shooting Rhoades asked his divorced wife to remarry him and the tragedy followed her refusal The Kansas Poultry association, at its late session in Topeka, elected the following officers: President, S. P. Robinson; vice-presidents, John G Hewitt, J. W. Werner and G. C Wilkins; secretary, J. P. Lucas, of To peka; assistant secretary, Mrs. J. P Lucas, of Topeka; treasurer, C. H Rhodes, of North Topeka. It was de cided that the association be incor porated under the state laws of Kan sas, and that the next annual show be held in Topeka the same week as the Fine Stock association, in January 1893. The following Kansas veterans were made happy the day before Christmas by having their pensions granted Richard A. Hoffman, Thomas Cotter Michael Zoller, Eugene M. Eldred, Al bert Coles, Nobles H. Heaton, John Trezise, Daniel G. Hahn, James H Trimble, Jacob H. Brown, Jacob R

2. January 1, 1892 The Kinsley Graphic Kinsley, KS

Article from The Kinsley Graphic, January 1, 1892

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KANSAS STATE NEWS. A. H. Martin, formerly business manager of the Champion, and & brother of the late Gov. Martin, died at Atchison the other day. The Friends College association of Kansas, which proposes to build a college in the state, was incorporated the other day. The officers are: President, E. Stanley, Lawrence; secretary, John Kirby, Tonganoxie; treasurer, John D. Mills, Lawrence. In accordance with the decision of the last convention of the Kansas state federation of labor the next meeting of the federation will be held at Hutchinson Monday, January 4, 1892. All railroads will give a holiday rate-one fare for the round trip. At the Kansas City, Kan., opera house the other night during a performance a pistol dropped from the pocket of Deputy Sheriff Bowling, which was discharged, the ball striking Lizzie Burdette, a colored woman, in the hip, which resulted in her death two days later. After a week of exeruciating pain and suffering J. N. Deering, a well known resident of Bourbon county, died the other day. Mr. Deering deliberately poisoned himself by taking a dose of laudanum and followed it up with & dose of morphine. No cause for the act could be assigned. He left a wife and ten children. Mrs. Frank Cigrand, of Argentine, went out a few days before Christmas to do some holiday shopping, leaving several children in the house. During her absence the children set fire to the house by some means and her fouryear-old child was burned to death. Charlie Boeker, an eight-year-old boy, was also badly burned. The Second Regiment, Kansas Na. tional Guard Columbia association, which proposes to accumulate funds for use and maintenance to attend the Columbian exposition at Chicago, has been incorporated. The capital stock is placed at $12,500 and the incorporators are the officers of the various companies of the regiment. The large frame dwelling house belonging to the estate of the late Hon. D. G. Campbell, of Merriam. was burned to the ground the other night with most of its contents Ten barrels of fine cider were stored in the basement of a portion of the house. The loss will reach several thousand dollars with but $1,000 insurance. While recently clearing some timber on the farm of James Dougan, in the southern part of Atchison county, James Saunders found a petrified human body, which the successive rains had evidently unearthed. The petrifaction is almost perfect in form, one hand alone being missing. Old settlers say it is the body of "Willow Twig," a notorious Kickapoo Indian, who made his home with a Frenchman named Pensinau, and who was minus a hand. The following Kansas banks went into voluntary liquidation during the past year: First national of Hill City, First national of Frankfort, West Side national of Wichita, Anthony national of Anthony, National bank of El Dorado, Citizens' national of Medicine Lodge, United States national of Atchison, First national of Ashland and First national of Burr Oak. Four Kansas banks obtained an extension of their corporate existence during the year. At Augusta the other day W. A. Rhoades shot his divorced wife and then sent a bullet through his brain, killing him instantly. Mrs. Rhoades recelved a bullet in the neck, and may recover. Last summer Rhodes secured a divorce in Nevada. His wife broughtsuit against his mother in the district court for alienating his affection and had just received a ve diet of $1,000 damages. On the morning of the shooting Rhoades asked hisdivorced wife to remarry him and the tragedy followed her refusal. The Kansas Poultry association, at its late session in Topeka, elected the following officers: President, S. P. Robinson; vice-presidents, John G. Hewitt, J. W. Werner and G. C. Wilkins; secretary, J. P. Lucas, of To. peka; assistant secretary, Mrs. J. P. Lucas, of Topeka; treasurer, C. H. Rhodes, of North Topeka It was decided that the association be incorporated under the state laws of Kansas, and that the next annual show be held, in Topeka the same week as the 1893. Fine Stock association, in January, The following Kansas veterans were made happy the day before Christmas by having their pensions granted: Richard A. Hoffman, Thomas Cotter, Michael Zoller, Engene M. Eldred, Al bert Coles, Nobles H. Heaton, John Trezise, Daniel G. Hahn, James H. Trimble, Jacob H. Brown, Jacob R. Nonemaker, Warren Chapman, Alexander M. Staley, William W. Savage, George Evinger, John J. Townsend, August Sehultz, Willis Cinn, Henry A. Glenn, Craven S. Turner, Philip R. Osborn, Eben S. Welch, John May, David Smith, Amenzo Brown, A. Calvert, William A. Atha, Lucinda Washburn Jul a A. Cobb, Robert S. Strother, Bertrand S. Green, Joseph A. Shink, Henry W. Rayburn, John Wahl, John Bird, Nathaniel Y. Buck, Milton C. Snorf, Richard Russell, Allen Bennett, John W. Reed, Davil Lathrop, Henry Jones, Thomas B. Ross, Alfred W. Kivett, John McLees, Joseph Lines, Edward A. Pointer, Frederick Martin, Abner T. Simeri, Jay A. Polley, Clarence Lyman, Eli W. Campbell, Walter S. Gleason, Barbara Meyer, Elizabeth Coon. Mary Monahan, Lucy Edwards and the minor children of Henry Nevill. John J. Rust, aged seventy-three years, died at his home in Lancaster the other day. He came to Kansas from Ohio in 1857 and was one of t best known of the early settlers. He kept the first tavern in Atchison county outside of the city. He has held a number of county ffices. Three children of W. K. Ralph, a farmer, were recently poisoned at Wichita by eating cheese. The youngest, about three years o d, it was feared could not live. The cheese had been purchased at a store and the doctors said there was no doubt that some poisonous substance had found its way into the food. Samuel P. Ernal, yardmaster of the Rock Island road at Atchison, went to work as usual the other morning. About eight o'clock he shot himself through the head and died. E. W. Starboard, a prominent farmer

3. October 12, 1892 The Providence News Providence, RI

Article from The Providence News, October 12, 1892

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WHO OWNS THE BONDS? An Interesting Case Before the Circuit Court at Rutland, Vt. RUTLAND, Vt., Oct. 12.-A most interesting ease came up in the United States Circuit Court before Judge Wheeler yes. terday, in which Albert S. King, receiver of the First National Bank of Frankfort, Kansas, brings suit against the Bradford Savings Bank and Trust Company to recover the value of twenty bonds of five hundred dollars eac " which were sold by the latter institution. The receiver claims the bonds were the property of the bank he represented. The transaction was made in 1888 by James S. Marden, who was cashier of the National Exchange Bank of Kansas; Preside it of the First National Bank of Russell Springs, Kansas; an official in the National Bank of Frankfort, Kansas; vice-president of the National Bank of Colby, Kansas; and treasurer of the Kansas City and Mobile Investment Company. Every one of these banks has since failed. Warden, who is now the agent for a Boston compressed soap manufacturer, came to Vermont and induced several capitalists to invest in several of these banks. The capitalists lost. Warden, it is alleged, became a stockholder in the Bradford Sayings Bank and Trust Co., and induced the company to invest in western lands. The company took for security these twenty bonds which the receiver now claims were the property of the National Bank of Frankfort and not of Warden. Warden is the chief witness in the case.

4. October 13, 1892 Burlington Weekly Free Press Burlington, VT

Article from Burlington Weekly Free Press, October 13, 1892

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UNITED STATES CIRCUIT COURT. Opening Testimony in Case, Albert S. King vs. Bradford Savings Bank. RUTLAND, Oct. 11. -The United States Circuit Court convened at 9 o'clock this morning pursuant to adjournment. The case of Albert S. King, receiver of the First National bank of Frankfort, Kan., vs. the Bradford Savings bank and Trust company was called. A jury was empanelled and examination of witnesses commenced. The plaintiff closed his opening testimony at 4 o'clook this afternoon, when the defendant commenced the introduction of his testimony, which was not concluded at the hour of adjournment. W. B. C. Stickney, S. E. Pingree and W. W. Guthrie of Kansas City for plaintiff, A. A. Prouty and John H. Watson for defendant. After the jury was empanelled in the above case the petit jurors in attendance, except B. H. Burt of Rutland, were excused for the term. A recess was taken until 9 o'clock to-morrow. The King case is a most interesting one Albert S. King, receiver in of the First National bank of Frankfort, Kan., brings suit againt the Bradford Savings bank and Trust company to recover the value of 20 bonds of $500 each, which were sold by the latter institution. The receiver claims that they were the property of the bank he represented. The transaction was made in 1883 by James S. Warden, who was then cashier of the National Exchange bank of Kansas, president of the First National bank of Russell Springs, Kansas, and official in the National bank of Frankfort, Kansas, vice-president of the National bank of Colby, Kansas, and treasurer of the Kansas City and Mobile Investment company. Everyone of these banks has since failed. Warden, who is now the agent for a Boston compressed soap manufacturer came to Vermont and induced several capitalists to invest in several of these banks. The capitalists lost. Warden it is alleged became a stockholder in the Bradford Savings Bank and Trust company, and induced the company to invest in Western lands. They took for security these 20 bonds, which the receiver now claims were the property of the National bank of Frankfort, and not of Warden. Warden is the chief witness in the case. Vermont Conference Examinations. MONTPELIER, Oct. 11. The mid-year examinations of the Vermont conference board of examinations were held here to-day. The committee met for work this morning at 8:30, with an average attendance. From 8:30 to 9:45 there were examinations; at 10:45 a lecture by H. F. Forest of Union Village, subject, "The triumph of Arminian theology"; followed by Rev. A. D. Crooper, D. D., of Newport, subject, "The office of the Holy Spirit in revivals"; at 10:30 there were more examinations, and at 12:30 adjournment for dinner. The examinations were again taken up at 2 p. m. Cood Templars at Barton, BARTON, Oct. 11. -The thirteenth annual session of the Grand Lodge of Vermont Good Templars began here to-night with the grandest reception for years by Crystal Lake Lodge at Masonic Hall. Nearly 200 members of the order were present. There were addresses, music, literary exercises, and an excellent banquet. The first regular session will be held at 10 a. m. to-morrow. There is a good outlook for a big attendance.

5. October 14, 1892 The United Opinion Bradford, VT

Article from The United Opinion, October 14, 1892

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United States Circuit Court. RUTLAND, Oct. 11.—The United States Circuit Court convened at 9 o'clock this morning pursuant to adjournment. The case of Albert S. King, receiver of the First National bank of Frankfort, Kan., vs. the Bradford Savings Bank and Trust company was called. A jury was empannelled and examination of witnesses commenced. The plaintiff closed his opening testimony at 4 o'clock this afternoon, when the defendant commenced the introduction of his testimony, which was not concluded at the hour of adjournment. W. B. C. Stickney, S. E. Pingree and W. W. Guthrie of Kansas City for plaintiff, A. A, Prouty and John H. Watson for defendant. After the jury was empanelled in the above case the petit jurors in attendance, except B. H. Burt of Rutland, were excused for the term. A recess was taken until 9 o'clock to-morrow. The King case is a most interesting one Albert S. King, receiver in of the First National bank of Frankfort, Kan., brings suit against the Bradford Savings Bank and Trust company to recover the value of 20 bonds of $500 each, which were sold by the latter institution. The receiver claims that they were the property of the bank he represented. The transaction was made in 1888 by James S. Warden, who was then cashier of the National Exchange bank of Kansas. president of the First National bank of Russell Springs. Kansas, and official in the National bank of Frankfort, Kansas, vice-president of the National bank of Colby, Kansas, and treasurer of the Kansas City and Mobile Investment company. Everyone of these banks has since failed. Warden, who is now the agent for a Boston compressed soap manufacturer came to Vermont and induced several capitalists to invest in several of these banks. The capitalists lost. Warden it is alleged became a stockholder in the Bradford Savings Bank and Trust company, and induced the company to invest in Western lands. They took for security these 20 bonds, which the receiver now claims were the property of the National bank of Frankfort, and not of Warden. Warden is the chief witness in the case.

6. October 15, 1892 Pittsburg Dispatch Pittsburgh, PA

Article from Pittsburg Dispatch, October 15, 1892

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rence & Co., and H. M. Long sold Switch and Signal to David Shaw. A sale of 15 shares of United States Glass common at 66½ was reported to-day. The Governing Committee of the New York Stock Exchange has decided to close the Exchange from Thursday, October 20, at 8 P. M. until Monday, October 24, at 10 A. M. The jury in the United States Circuit Court at Rutland, Vt., last evening awarded the receiver of the First National Bank of Frankfort, Kan., $5,007 in the suit against the Bradford Savings Bank and Trust Company to recover $7,500 in bonds sold the latter bank by James S. Warded. The special meeting of thestockholders of Pittsburg and Western Rúilway Company was held to-day at their office, Allegheny City, and the proposal to increase the capital stock and the bonded debt $1,500,000 was unanimously approved. The proceeds are to be used in double tracking the line, reducing grades and preparing for the new business of the Baltimore and Ohio Railroad, which will throw all its traffic over the line prior to the opening of the Columbian Exposition. Figures obtained from official reports made to the Government in every wheat producing country in Europe show that, except in Great Britain and Italy, the crop prospects average nearly 15 per cent better than last year. The annual statement of the American Cotton Oil Company, to be presented at the annual meeting November 3, is notready for publication, but enough figures are said to have been made up to indicate approxiin mately that there will be a surplus of about 5 per cent on the common stock. For the first week of October the earnings of the Buffalo, Rochester and Pittsburg decreased $7,880. Pittsburg and Western also shows a decrease of $4,776. J. S. Bache & Co. to Oakley & Co.: "A favorable feature in the market was the advance in silver in London and a sympathetic advance here, which should lead to an advance in the price of cereals and cottons, and that cannot but benefit the country at lar_e. We admit that developments are favorable to the bulls; that business is generally good; that money is in demand for legitimate enterprises, and that prospects favor an ultimately still further increase in values; but for the moment we think that traders are pretty well loaded and that some of the recent manipulators have been tempted by the advance to take their profits, hence we do not think it a favorable moment for purchases."

7. October 21, 1892 Vermont Phœnix Brattleboro, Bellows Falls, Ludlow, VT

Article from Vermont Phœnix, October 21, 1892

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D. Reed of Taunton, who W traight sets. Mr. and Mrs. Leverett Poor of I Mass., have issued invitations for iage of their daughter. Mattie I Mr. Jacob Gray Estey of Bra The happy event occurs at the P lence in Peabody Oct. 29. The first meeting of the Professio for the season of 1892-93 will be he Brooks House next Monday evenin Dr. George Leon Walker will be t his topic being "Formative in American character." John Walker was at New Bri week to drive H. M. Clark's Elryr races there. Elrynia won third 1 the Valley fair, and also took thire New Britain. James Lee was Britain two weeks as host!er for M A meeting of the Valley fair was held Saturday night. J. J. H treasurer, made his report, sho wards of $1700 on hand after pa indebtedness. It was voted to sum over to the Valley fair associ The Phoenix has been shown ai curiosity in the shape of sound fectly preserved apples, which : years ago on a tree on Henry place in Guilford. They appear the russet variety, and have bee Mr. Barney's cellar without any care. A New Haven despatch to th Herald of Saturday says: "A n was tried by Yale at the regular day in the person of "Den" O' Ne rush of last year's Holy Cross colle of Worcester. He showed a tre ability to hold his man and get but is not yet in good enough phy dition to hold out the entire play He will make a strong bid to fill ( weak spots in Yale's centre." York Times says O' Neill "is a big looks like Heffeltinger." The editor or Outing thinks t1 ry's Career at Yale," by John Wood of New York, son-in-law B. D. Harris, which has been rur serial in that magazine for mo year past, will achieve an Ameri tation equal to that of "Tom Rugby" in England. Mr. Wood ten another story which Applet have just published in book f title is "Gramercy Park," and it is to show the dangers which 1 bands and wives during the mont aration in which the latter are at resorts. The St. Albans Messenger I Estey this appreciative complime unanimous election of Col. Jul tey of Brattleboro as brigade co was a fitting recognition of his valuable service in the state mil graceful expression of the esteem he is held by the people of Verm Estey deservedly commands th and confidence of the citizens of as a gentleman of great busines thoroughly conversant with pub and of unimpeachable character. be a worthy successor of Genera ley and Greenleaf." The Holy Cross and Boston ec letes held a field day at Worcester Wednesday, the former winning, of 81 points to 62. Thomas J. I. merly catcher for the Brattleboroa ampton ball teams, won first p five events, his work alone se points for Holy Cross. His viete in the 50, 100 and 220 yard dashes being 5t, 104 and 264 seconds; a running broad jump, and the hop a jump, in which he covered 1 inches, and 38 feet two inches. I two sprint races there were 10 Leahy is now playing as half ba Holy Cross foot ball team. The United States circuit at last week adjourned to meet at B next Monday, the 24th. Matters est in connection with the case ceiver of the First National Frankfort, Kansas, vs. the Bra ings bank and trust company of will come up. This case was t the value of bonds which the Ka claimed to own, and at Rutland a verdict for $5007 was rendere of this bank. Friday the attor Bradford savings bank and trust made a motion to set aside th claiming that it was contrary t dence and that the jury had bee ed with after the case had been to it by the court. Another important seizure of Chinese has followed the case Burke in which Col. H. E. Tayle of the detecting officers. Last we day when E. C. Van Kirk, specia inspector at Rouses Point, N. charge of the Canadian barge, Capt. Amos Hamel, from Sorel Albany, N.Y., he discovered in

8. October 21, 1892 The Goodland Republic Goodland, KS

Article from The Goodland Republic, October 21, 1892

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A Kansas Litigant Wins. RUTLAND, Vt., Oct. 15.- The jury in the United States circuit court last evening awarded the receiver of the First national bank of Frankfort, Kan., $5,007 in the suit against the Bradford Savings Bank and Trust company to recover $7.500 in bonds sold the latter bank by James S. Warden.

9. March 10, 1903 The St. Louis Republic Saint Louis, MO

Article from The St. Louis Republic, March 10, 1903

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United States Court of Appeals Defines Rights of Motormen and Pedestrians. # CARE MUST BE EXERCISED. Judge Thayer Decides Citizens Have Use of Right of Way Un- der Proper Restrictions -Other Decisions. In the United States Court of Appeals yesterday an opinion handed down by Judge Thayer, concurred in by Judge Caldwell, defines the rights and privileges of pedestrians and vehicles upon street railway tracks, and the duties of motormen in running their cars. The case was that of Cora Hageman vs. the Southern Electric Railway Company, appealed by the railway company, against whom the lower court had given judgment for damages for personal injuries. The evidence disclosed that in November, 1898, Cora Hageman was driving north in the Southern Electric Railway tracks to avoid a mudhole in the street. She was in the front seat of a surrey and her two sisters were in the rear seat. It was after dark. Her sisters saw the headlight of an electric car approaching from the rear, about 800 feet distant, and warned their sister. After continuing in the tracks about twenty-five feet further, to avoid the mudhole, the plaintiff turned out of the track, but too late to avoid the car which was running without any passengers, destined to be turned in at the car sheds. The surrey was overturned and Miss Hageman sustained severe injuries. # NEGLIGENCE WAS CHARGED. The plaintiff set forth that the motorman was guilty of negligence, and the defense set up the claim that the plaintiff was guilty of contributory negligence. This was the main question at issue in the appeal. Judge Thayer held that a motorman is under the same obligations to exercise ordinary care and prudence so as to avoid collisions and injuring persons as these persons are to exercise care not to get in the way of street care so as to be run over and injured. He says pedestrians and vehicles have a right to cross the tracks of street railways at any point besides the regular crossings, and to use the tracks for any distance for a matter of safety or convenience, where they do not unnecessarily interfere with or obstruct the passage of the cars. A motorman, he says, has no right to act on the assumption that he is entitled to a clear track at all times, and that pedestrians or vehicles are bound at their peril, no matter at what inconvenience, to get out of the way. # HAD RIGHT TO TRACKS. He held that the plaintiff in this case had a right to use the street raliway tracks as a convenience in avoiding the mudhole in the street and that the motorman was guilty of negligence in not taking proper precautions to reduce the speed of his car when he saw the vehicle, so as to bring it under such control that he could have avoided the collision. Judge Sanborn filed a lengthy dissenting opinion. He holds the trial Judge erred in refusing to allow the claim of contributory negligence on the plaintiff's part The plaintiff, he says, by the evidence, is shown to have seen the danger of a collision when the car was 800 feet distant, the headlight, disclosing the approach of the car. when the motorman could not have seen the vehicle. The motorman could not have turned out of the way, and it was the duty of the plaintiff to have turned out immediately on seeing the danger. He finds fault with the instructions of the trial court, that even if the plaintiff had seen the danger in time to avoid a collision by immediately turning out of the track. she was entitled to recover damages, because the motorman was guilty of negligence in failing to exercise ordinary precautions to control his car. In the case of the St. Louis and San Francisco Railroad Campany vs. the Southwestern Telephone and Telegraph Campany the decision was reversed. The telephone company sought condemnation of an easement for poles, wires, etc., along the railroad campany's right at of way between Fort Smith and Huntington. Ark. The rallroad applied for a perpetual injunction to restrain them from operating along the right of way, to which the telephone company demurred. The demurrer was sustained and the injunction dismissed. The railroad company appealed. Judge Sanborn, who wrote the opinion, reverses this decree and remands the case with instructions to issue an injunction, to remain in force until further order of the court. Other opinions handed down were: G. W. Lee et al. vs. Amanda Durham; reversed and remanded. Kansas City Southern Railway Company vs. D. C. Moles; judgment for Moles affirmed. Albert S. King, receiver for First National Bank of Frankfort, Kas., vs. J. P. Pomeroy; reversed and remanded.