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Justia › US Law › Case Law › Kansas Case Law › Kansas Supreme Court Decisions › 1957 › White v. Thompson
White v. Thompson
181 Kan. 485 (1957)
312 P.2d 612
VERNON O. WHITE, Appellee, v. GUY A. THOMPSON, Trustee, Missouri Pacific Railroad Company, Appellant.
No. 40,586
Supreme Court of Kansas.
Opinion filed June 8, 1957.
Ralph M. Hope, of Wichita, argued the cause, and Leo Armstrong and Paul Armstrong, of Columbus, W.F. Lilleston, George C. Spradling, Henry V. Gott, George Stallwitz, Richard W. Stavely and Charles S. Lindberg, of Wichita, were with him on the briefs for appellant.
William L. Fry, of Wichita, argued the cause, and Joe L. Henbest, of Columbus, Payne H. Ratner, Louise Mattox, Payne H. Ratner, Jr., Russell Cranmer, Dale B. Stinson, Jr., Cliff W. Ratner, A. Wayne Murphy, Bernard V. Borst, D. Clifford Allison and Gerald D. Lasswell, of Wichita, were with him on the briefs for appellee.
The opinion of the court was delivered by
FATZER, J.:
Plaintiff instituted this action against the defendant under the Federal Employers' Liability Act (45 U.S.C.A., §§ 51-59) to recover damages for personal injuries alleged to have been sustained on two separate occasions as a machinist inspector in defendant's diesel shop at Osawatomie, Kansas. The first injury is alleged to have occurred June 30, 1954, when plaintiff fell into an opening in the subfloor of the cab of a diesel locomotive and the second injury is alleged to have occurred January 23, 1955, when plaintiff slipped on ice on the concrete surface adjacent to defendant's diesel locomotive washrack.
Defendant's amended answer in addition to containing a general denial, alleged negligence on the part of plaintiff, and contained the following allegations:
"Further Answering, defendant alleges that plaintiff commenced working for defendant on the 10th day of January, 1951, after having signed and filed with defendant an Application for Employment on January 9, 1951. Said *487 Application for Employment contained a number of considerations and conditions of employment of plaintiff by defendant which were specifically accepted by plaintiff, among which was the following agreement and condition: "`4. That any misrepresentation or concealment of facts by me in this statement or in my statements to the medical examiner respecting my age, physical condition past or present, qualifications, personal character, and record with former employers shall be just cause for my rejection or dismissal from service.' "Defendant alleges that in said Application for Employment and in plaintiff's statements to defendant's medical examiner plaintiff misrepresented and concealed a number of facts respecting his past and present physical condition at that time and his records with former employers by giving false answers to questions contained in said Application for Employment and questions asked him by said medical examiner. "Plaintiff stated in said Application for Employment that he was employed by Mueller Implement Company of Independence, Missouri, only during the period from 1937 to 1941. Plaintiff further stated in said Application for Employment that the only injury other than minor cuts and bruises which he had ever sustained was a broken ankle and that he had never filed a claim for damages because of any injuries, and stated to Dr. A.L. Speer, defendant's medical examiner who examined plaintiff at said time, that he had never suffered from a serious injury, although he also stated to said medical examiner that he had fractured his left ankle in 1945 and had had no trouble since that time. "Defendant further alleges that said statements so made in said application and so made to said medical examiner were false and untrue and were made with the intent to deceive and defraud defendant; that in truth and in fact plaintiff was also employed by Mueller Implement Company from January, 1948, to January, 1949, and during plaintiff's employment by said company from January, 1948 to January, 1949, plaintiff fractured the index finger and the middle finger of one of his hands while engaged in said employment, upon which he filed a claim and for which he received compensation payments as a result and in settlement thereof; and that in truth and in fact while plaintiff was an employee of The Santa Fe Trail Transportation Company from March, 1941, to March, 1947, he sustained the following injuries while engaged in said employment and upon which he filed claims and received compensation as follows: May 30, 1942, back sprain, for which he received compensation and medical payments of $55.07; January 28, 1943, inhalation of carbon monoxide gas, for which he received compensation and medical payments of $50.11; June 17, 1943, fracture of left ankle, for which he received compensation and medical payments of $291.50; August 31, 1945, bruised right elbow, for which he received medical payments of $8.00; September 3, 1946, sprained right knee, for which he received a compromise settlement of $864.30. "Defendant further alleges that defendant and his agents and medical examiner relied upon said false and fraudulent statements made by plaintiff in said Application for Employment and made to defendant's said medical examiner and by reason thereof gave plaintiff employment, and that if defendant had known of plaintiff's previous injuries while employed by said Mueller *488 Implement Company and said Santa Fe Trail Transportation Company, he would not have employed plaintiff as physically qualified for employment by defendant, nor would he have employed plaintiff because of plaintiff's obvious proneness to have accidents, as shown by said numerous injuries sustained by him. "By reason of all of the foregoing plaintiff is not and was not at any time referred to in plaintiff's petition an employee of defendant within the meaning, or entitled to the protection, of the Federal Employers' Liability Act, is not entitled to maintain this action under the provisions of said act, and is not entitled to recover herein."
Plaintiff moved to strike that portion of the amended answer quoted above on the ground that it failed to state a defense under the Federal Employers' Liability Act and that it was incompetent, irrelevant, immaterial, surplusage, prejudicial and a conclusion. The trial court sustained the motion to strike for reasons asserted in the motion, and the defendant has appealed from that order.
In considering defendant's specification of error that the trial court erred in sustaining plaintiff's motion to strike that part of the amended answer quoted above, we note the rule that an order sustaining a motion to strike an affirmative defense pleaded in an answer and involving the merits of an action is tantamount to the sustaining of a demurrer and is an appealable order (Whitlaw v. Insurance Co., 86 Kan. 826, 122 Pac. 1039; Grain Co. v. Co-operative Association, 109 Kan. 293, 198 Pac. 964; Wigton v. Donnelly, 122 Kan. 796, 253 Pac. 400; Miller v. Whistler, 153 Kan. 329, 110 P.2d 744; In re Estate of Reed, 157 Kan. 602, 142 P.2d 824.) Further, that a motion to strike an affirmative defense pleaded in an answer and involving the merits of an action will be denied if the defense is sufficient as a matter of law (Small v. Small, 107 Kan. 122, 190 Pac. 623; Stafford v. City of Coffeyville, 161 Kan. 311, 168 P.2d 91), and, for the purpose of a decision on a motion to strike such defense as insufficient in law, well pleaded allegations will be accepted as true. Stinson v. Wooster, 83 Kan. 753, 112 Pac. 610; Phillips v. City of Wichita, 128 Kan. 411, 278 Pac. 2; Sedan State Bank v. Stephenson, 150 Kan. 210, 92 P.2d 1; Preston v. Shields, 159 Kan. 575, 156 P.2d 543.)
The defendant contends that because of plaintiff's false statements and misrepresentations in his application for employment and to the medical examiner, he never became an employee of defendant within the meaning of the Federal Employers' Liability Act and accordingly, is not entitled to the protection of the act and cannot maintain an action thereunder to recover for the injuries alleged to *489 have been sustained, and cites and relies upon Minneapolis & c. R. Co. v. Rock (1929), 279 U.S. 410, 49 S. Ct. 363, 73 L. Ed. 766; rehearing denied 50 S. Ct. 79, 73 L. Ed. 767, footnote 1; Minneapolis, Etc., R. Co. v. Borum (1932), 286 U.S. 447, 52 S. Ct. 612, 76 L. Ed. 1218; Southern Pac. Co. v. Libbey (1952), 199 F.2d 341; Fort Worth & D.C. Ry. Co. v. Griffith (1930), Court of Civil Appeals of Texas, Amarillo, 27 S.W.2d 351; Talarowski v. Pennsylvania Railroad Company (1955), 135 F. Supp. 503; Clark v. Union Pac. R. Co. (1949), 70 Idaho 70, 211 P.2d 402.
In view of our conclusions later stated, we shall make an extensive review of the authorities cited by defendant, since the complaint is not that the stricken allegations would permit proof of causal relation between the alleged injuries and prior injuries or afflictions of the plaintiff, but rather, that they would permit proof of a retroactive dissolution of the relation of master and servant, or, to restate the last clause, they would permit proof that such relation never existed with respect to the Federal Employers' Liability Act.
The defendant relies chiefly on Minneapolis & c. R. Co. v. Rock, supra. In that case Joe Rock made application for employment as a switchman. He underwent a physical examination by the company physician. He had previously been treated for ulcers of the stomach, his appendix had been removed, he had a hernia, and he was rejected for employment. He then applied under the name of John Rock and procured another man to represent himself to be John Rock, who successfully passed the physical examination and was accepted as an employee. Joe Rock went to work under the assumed name, and was later injured. The Supreme Court of the United States held that Joe Rock was an imposter; that he was not the man for whose services the carrier had contracted; that he had never taken a physical examination and never became an employee of the carrier; that the concealment of his identity and the procurement of another to impersonate him to take the physical examination constituted gross fraud, which was continuing; and, that at no time was he entitled to the protection or benefit of the Federal Employers' Liability Act and that he could not recover thereunder.
Four years later the case of Minneapolis, Etc., R. Co. v. Borum, supra, was presented to the Supreme Court of the United States. In that case, when the plaintiff made application for employment he was 49 years old and understood the railroad did not employ men over 45 years old to work in its train service. He falsely stated in *490 his application for employment that he was 38 years old and when submitting to a physical examination, again misrepresented his age. His statement was relied upon by the examining physician and was in part the basis for the physician's finding and report that plaintiff was in good health and acceptable physical condition. At the time plaintiff was injured he was under the age of retirement. It was conceded that neither his age nor his physical condition contributed to his injury. The same eminent jurist who prepared the opinion in the Rock case, supra, wrote the Borum case, supra, and in commenting upon the force and effect of the Rock case and the reasons upon which that decision rested, stated:
"In Minneapolis, St. P. & S.S.M. Ry. Co. v. Rock, supra, this Court held that one who obtained employment as a switchman for an interstate carrier by railroad by fraudulently evading the company's rule requiring applicants to submit to a physical examination and who suffered injury in the course of employment in interstate transportation, while the company remained unaware of the deception, was not as of right an employee within the meaning, or entitled to the protection, of the Federal Employers Liability Act, and could not maintain an action for injury under that statute." (Emphasis supplied.) (p. 449.)
Notwithstanding Borum's false statements, the court concluded he was an employee of the railroad within the meaning of the Federal Employers' Liability Act and that his misrepresentations did not have a material bearing upon his physical condition nor did they substantially affect the examining physician's conclusion that he was in good health and acceptable physical condition. It was held the rule announced in the Rock case was inapplicable.
In Talarowski v. Pennsylvania Railway Co., supra, the plaintiff filed a motion to strike the defendant's affirmative defense in which it was alleged that the plaintiff signed and filed an application for employment with the defendant in which he certified that all questions asked therein were answered truthfully; that plaintiff's answers with respect to his medical history and physical condition were knowingly false and were made by him with intent to deceive and defraud the defendant; that the defendant's examining physician relied upon the false answers of plaintiff and by reason thereof plaintiff was employed; and, that if the defendant had known of plaintiff's previous injury while he was employed by the Delaware Power and Light Company, it would not have employed him as physically qualified. The United States District Court held that the allegations of the affirmative defense summarized above were *491 legally sufficient, but that whether the alleged false statements were made with intent to misrepresent and commit a fraud upon the defendant, or were answers to misunderstood questions, were matters not susceptible of decision on a motion to strike; further, that whether the defendant relied upon the false statements and would not have employed the plaintiff if it had known the truth about the prior injury, was likewise not susceptible of decision by a motion to strike and the court overruled the motion.
In Southern Pac. Co. v. Libbey, supra, Libbey made written application for employment with the defendant in which he stated he had never been injured; that he had never received a pension or disability rating from the government or any organization, and that he had never been confined to a hospital for surgical operation or following an injury. The examining physician noted signs of injury on his left thigh, and there was evidence from which the jury might have inferred Libbey informed the doctor the scars and deformities were the result of a fracture during early childhood. Libbey joined the Marine Corps in 1941 and while serving on Guadalcanal in October, 1943, he was struck by shrapnel, which shattered the femur of his left leg. Bits of bone were removed and he was hospitalized until Christmas of 1944. He was on crutches when he was discharged from the Marine Corps in August, 1945, with a 70 percent disability rating, which was reduced in August, 1950, to 35 percent. In 1947 he was employed as a seaman in the Army Transportation Corps and fell from one deck to another deck of a vessel and fractured the knee of the previously injured leg, which resulted in an extended period of hospitalization. As a result of the knee injury, he had trouble bending his knee. In August, 1948, he fractured his left wrist in an automobile accident and was hospitalized for six weeks and did not work until February, 1949, when he applied for employment with Southern Pacific Company. He was later injured when he jumped from the cab of a locomotive and in trying to protect his injured left leg, threw all of his weight on the right leg and a fracture resulted.
At the trial the doctor who gave Libbey the physical examination upon his application for employment with defendant, was asked the question which in substance was whether, if he had known the facts concealed by Libbey's false answers, he would have passed Libbey for employment. An objection to the question was sustained and the offered testimony was excluded. The *492 circuit court reversed, holding that the materiality of Libbey's misrepresentations was manifest and that had the rejected testimony been received, the jury might well have found the existence of causal relation between the fraud and the injury, and that under such circumstances the company was entitled to prove that its medical officer acted in reliance upon Libbey's false statements.
The case of Fort Worth & D.C. Ry. Co. v. Griffith, supra, involved an injury to the plaintiff's eyes. Griffith, in his application for employment, falsely stated that he had never been discharged or suspended from any employment; that his eyesight was good; that he was able to distinguish colors; that he had never been rejected for employment when subjected to physical examination, and that from December, 1923, to August, 1924, he was employed by one Day in Arizona. In August, 1924, Griffith was found to be color-blind by a physical examination conducted on behalf of the Southern Pacific Company and for that reason was discharged by that company. Griffith admitted that because he wanted his application for employment to stand up, he induced Day to write a false letter to the defendant stating that he had been in Day's employ in Arizona during the period of time he had worked for Southern Pacific. It was held that Griffith had perpetrated a fraud upon the defendant; that there was a want of mutuality, since the minds of the parties had never met; that by inducing Day to write false statements with respect to his employment, he had resorted to positive and affirmative fraud and was not therefore entitled to the protection of the Federal Employers' Liability Act.
In Clark v. Union Pac. R. Co., supra, plaintiff was employed by the railroad as a brakeman and when attempting to board a moving oil car, the grabiron and sill step were loose on one side and gave away and tended to let him slip under the moving car. To avoid such an injury he threw himself backward, fell from the car, and struck his head on a rail of the adjoining track. The defendant claimed plaintiff was not an employee under the Federal Employers' Liability Act since he had admitted he made false and deceptive statements with respect to his physical condition. The examining physician testified that if the plaintiff had informed him he was afflicted with epilepsy he would not have recommended him for employment, it being conceded that unless a person afflicted with epilepsy so states or is seen in a seizure, no diagnosis will disclose it. The trial court instructed the jury that the plaintiff's *493 employment at the time of the injury was such as to bring him within the provisions of the federal act. The Supreme Court of Idaho reversed, holding that the issue of whether plaintiff's deception so entered into the contract of employment as to vitiate it should have been presented to the jury under separate instructions as to whether the false or deceptive statements affected the factum of the contract or whether there was causal relation between plaintiff's concealed infirmity and the accident.
With the possible exception of the Talarowski case, we think inherent in the holdings of the authorities cited by the defendant, that to terminate the relation of master and servant upon the ground of misrepresentations, the misrepresentations must be of such character to substantially affect the examining physician's conclusion that the employee was in good health and acceptable physical condition at the time of his physical examination and that a causal relation exists between them and the injury sustained by the employee in the performance of his duties. Such holdings are in harmony with other decisions hereafter noted.
Although fully cognizant that the decisions of the Supreme Court of the United States are controlling as to the interpretation and effect of the Federal Employers' Liability Act (Schaefer v. Lowden, 147 Kan. 520, 78 P.2d 48), we think the majority of the decided cases, both federal and state, support the rule that misrepresentations in an application for employment with an interstate carrier do not render the contract of employment void so as to preclude recovery under the Federal Employers' Liability Act for negligent injuries inflicted upon him, where the employee was found to be in good health and acceptable physical condition at the time of his physical examination and the misrepresentations had no causal relation to the applicant's fitness to perform the duties required of him and to the injuries he sustained, notwithstanding they may render the contract voidable and form the basis for its rescission by a dismissal of the employee (Payne v. Dougherty, 8 Cir.1922, 283 F. 353; Minneapolis, Etc., R. Co. v. Borum [1932] supra; Dawson v. T. & P. Ry. Co. [1934], 123 Tex. 191, 70 S.W.2d 392 [from which petition to the Supreme Court of the United States for writ of certiorari was denied October, 1934, 293 U.S. 580, 55 S. Ct. 110, 79 L. Ed. 677]; T. & N.O.R.R. Co. v. Webster [1934], 123 Tex. 197, 70 S.W.2d 394 [from which petition to the Supreme Court of the United States for writ of certiorari was denied October, 1934, *494 293 U.S. 580, 55 S. Ct. 93, 79 L. Ed. 677, rehearing denied November, 1934, 293 U.S. 630, 55 S. Ct. 138, 79 L. Ed. 716]; Kansas City, M. & O. Ry. Co. of Texas v. Estes, Court of Civil Appeals of Texas [1918], 203 S.W. 1155; Qualls v. Atchison etc. Ry. Co. [1931], 112 Cal. App. 7, 296 Pac. 645; Newkirk v. L.A. Junction Ry. Co. [1942], 21 Cal. 2d 308, 131 P.2d 535; Southern Pac. Co. v. Libbey [1952], supra; Matthews v. A.T. & S.F. Ry., 54 Cal. App. 2d 549, 129 P.2d 435; Phillips v. Southern Pacific Co. [1936], 14 Cal. App. 2d 454, 58 P.2d 688; Clark v. Union Pac. R. Co., supra; Laughter v. Powell [1941], 219 N.C. 689, 14 S.E. [2d] 826, 136 A.L.R. 1116; 56 C.J.S., Master and Servant, § 180, pp. 872, 873; 35 Am. Jur., Master and Servant, § 402, p. 824 [p. 60, 1956 Cumulative Supplement]). See, also, the following cases in which the Federal Employers' Liability Act was not involved: Williams v. Illinois Central R. Co. (1905), 114 La. 13, 37 So. 992; Matlock v. Railroad (1906), 198 Mo. 495, 95 S.W. 849, 115 Am. St. Rep. 481; Galveston, H. & S.A. Ry. Co. v. Harris (1908), 48 Tex. Civ. App. 434, 107 S.W. 108; Lupher v. Railway Co. (1910), 81 Kan. 585, 106 Pac. 284, 25 L.R.A. (n.s.) 707; Hart v. N.Y.C. & H.R.R.R. Co., 205 NY 317, 98 N.E. 493; Brown v. Railway Co. (1919), 104 Kan. 505, 180 Pac. 211; L. & N.R. Co. v. Lewis (1927), 218 Ky. 197, 291 S.W. 401; and, Baker v. Beattie (1920), (Court of Civil Appeals of Texas) 222 S.W. 658.
In Dawson v. T. & P. Ry. Co., supra, Mr. Justice Pierson delivered the opinion of the Supreme Court of Texas, and said:
"The fact that he concealed his employment by the Texas Midland Railroad Company, and concealed that he had been injured while in its service and had filed a suit against it, if seasonably applied might have been a ground for cancelling his contract of employment with defendant in error, but would be insufficient to render it void or to terminate the relation of master and servant. 39 Corpus Juris, p. 276, sec. 401. As such employee and while in the full discharge of his duties, he could not be deprived of the protection of the law or of his right to recover for unlawful or negligent injuries inflicted upon him." (p. 194.)
In Newkirk v. L.A. Junction Ry. Co., supra, the Supreme Court of California, through Mr. Justice Carter, said:
"... Where employment is induced by fraudulent representations of the employee not going to the factum of the contract the employment exists although there may be ground for rescinding the contract, and recovery may be had from the employer for negligent injury to the employee at least where there is no causal connection between the injury and the misrepresentation..." (p. 320.)
*495 In Phillips v. Southern Pac. Co., supra, Mr. Justice Gould said:
"In the present case there appears to be no causal connection between the false statements in appellant's application for employment and the injury which forms the basis of his claim for damages. If in fact respondent's negligence was the proximate cause of the accident, it should not be absolved from blame upon the claim that because of appellant's false statements in procuring employment he was in fact not an employee, where, as here, there was no showing that there was a causal connection between the false representations and the accident. At the most the question of causal connection was a question of fact for submission to the jury." (p. 458.)
The principal question presented for appellate review is: Did plaintiff's misrepresentations render the contract of employment void, or merely voidable at the option of the defendant? In light of the principles enunciated in the foregoing authorities, we think that the contract was not void, and that at most it was only voidable which may have formed a basis for its rescission and authorized plaintiff's dismissal, but, while the relation of master and servant continued it imposed a duty upon the defendant to refrain from injurying plaintiff by its negligence, and in the event of injury, entitled him to the protection of the Federal Employers' Liability Act.
An examination of the amended answer discloses that defendant attempts to plead within the rule enunciated in the authorities above set forth by alleging that plaintiff misrepresented and concealed facts respecting his past and present physical condition, however, no further allegation is made to describe their nature or character, or their relation to his physical fitness at the time of his employment and we are forced to conclude that such allegation pertains solely to injuries received during previous employment, which in the form and manner alleged, show no relation to his physical fitness to perform the duties of employment, or to the subsequent injuries alleged to have been sustained. The general purport of the stricken allegations is that plaintiff, with intent to defraud and deceive the defendant, concealed injuries received during previous employment with Mueller Implement Company from January, 1948, to January, 1949, where he fractured two fingers on one hand and was compensated, and with The Santa Fe Trail Transportation Company from March, 1941, to March, 1947, where he sprained his back, inhaled carbon monoxide gas, fractured his left ankle, bruised his right elbow and sprained his right knee for which he was compensated, and that had the defendant known of such injuries, it would not have employed him as physically *496 qualified because of his obvious proneness to have accidents; and, that the plaintiff was not an employee of the defendant within the meaning of the Federal Employers' Liability Act and not entitled to maintain the present action.
The defendant contends that the amended answer alleged causal relation between the misrepresentations and plaintiff's injuries because of his dubious physical condition and obvious proneness to have accidents. The contention lacks merit. It is obvious plaintiff concealed his previous injuries, but it is not alleged that they rendered him physically unfit and unacceptable for employment, or in what respect they were related to the injuries sustained. In the absence of such allegations, we conclude there was no causal relation alleged in the amended answer which would permit the introduction of evidence to relate the misrepresentations to the injuries sustained. Consequently, the question of causal relation did not exist for submission to the jury.
One of the principal reasons an applicant for employment with an interstate carrier is required to submit to a physical examination is to permit the carrier to ascertain his physical condition and determine his fitness to perform the duties of his employment. Plaintiff submitted to a physical examination and was approved by the medical examiner for employment by the defendant. At that time plaintiff advised the medical examiner of his fractured left ankle and stated it did not trouble him, but he concealed the fact he had sprained his back in 1942, inhaled carbon monoxide gas in 1943, bruised an elbow in 1945, sprained a knee in 1946, and broke two fingers in 1948, for which he received compensation and/or medical payments. It seems obvious that those injuries which occurred three, five, six, eight and nine years prior to his physical examination would not be manifest to the medical examiner, and unless there inhered in them some physical defect which was undetectible, they would not have affected the examiner's conclusion that he was in acceptable physical condition. But, defendant did not allege those injuries resulted in undiscovered physical defects or that the misrepresentations substantially affected the medical examiner's conclusion that he was in good health and acceptable physical condition on January 10, 1951. Neither is it alleged that his employment was inconsistent with defendant's policy or its reasonable rules "to employ only those who are careful and competent *497 to do the work assigned to them and exclude the unfit from service" (Minneapolis & c. R. Co. v. Rock, supra).
In view of the allegations in the amended answer, or the lack of them, we are compelled to conclude the medical examiner found plaintiff to be in good health and in every way physically fit to perform the duties of his employment, otherwise, he would not have approved plaintiff as physically fit for employment by the defendant. That being the case, plaintiff entered the employ of the defendant as a machinist inspector, which constituted a contract of employment even though voidable, and the relation of master and servant was created which continued over a period of three and one-half years, and until plaintiff's injuries. In view of the rule heretofore set forth, the defendant, as long as that relation existed, was obligated to exercise the same degree of care for plaintiff's protection as it was required to exercise on behalf of any other employee entitled to the benefits of the Federal Employers' Liability Act.
One reason which convinces us beyond doubt that the motion to strike was properly sustained is that it was incumbent upon the defendant to affirmatively plead it remained unaware of plaintiff's misrepresentations prior to his injuries to allege a defense sufficient in law that the misrepresentations so entered into the contract of employment as to vitiate it under the Federal Employers' Liability Act (Minneapolis, etc., R. Co. v. Borum, supra), and no such allegation was made. We think this view is substantiated by paragraph 4 of the application for employment, which provided that misrepresentations "shall be just cause for my rejection or dismissal from service." On the basis of that application form, the defendant could, upon the discovery of the misrepresentations, dismiss the plaintiff, and would be required to do so within a reasonable time after discovery of the deceit, or ratify the voidable contract and permit the employment to continue. Otherwise, if the defendant ascertained plaintiff's misrepresentations prior to injury, it could pursue a policy of "lay and wait" until injury occurred, and then assert the misrepresentations as a defense under the federal act.
We conclude the trial court was justified in sustaining the motion to strike the allegations of the amended answer quoted above. As previously indicated, it is not alleged the misrepresentations had causal relation to plaintiff's fitness to perform his duties and to the *498 injuries he sustained, or that they substantially affected the medical examiner's conclusion that plaintiff was in good health and acceptable physical condition, or that defendant remained unaware of the deception until after plaintiff's injuries. These are necessary allegations to permit proof of a defense sufficient in law to defeat plaintiff's present action.
The judgment is affirmed.
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text:
The Bipolar Relationship: How to Understand, Help, and Love Your Partner
Author(s): Jon P. Bloch
"The Bi-Polar Relationship" discusses common relationship issues within the context of bipolar disorder. Reassuring yet realistic, Dr. Jon Bloch first describes and explains the disorder, so that partners can better understand what their loved one is going through. From a brief synopsis to treatment options and information on medications and side effects, readers will find relief in understanding what's normal, what's not, and what might change and what definitely won't. Dr. Bloch then takes a deep dive into what it really means, day by day, to be a part of a relationship affected by bi-polar. He provides information and advice on the following topics: Communication, Trust and Loyalty, Family Planning, Finances, Sex, and Maintaining a Sense of Self. By understanding the reality of bi-polar and what it means for a relationship, couples will be able to better relate to each other and plan for a successful future together.
Dr. Jon P. Bloch is an associate professor of sociological anthropology at Southern Connecticut State University. He received his M.A. and Ph.D. from Indiana University, where he wrote his dissertation on self-identity and the New Age movement. Bernard Golden, PhD is a practicing psychologist for more than thirty years. Nancy Rosenfeld who has bipolar disorder herself, is the author of three other books
Publisher : Adams Media Corporation
Imprint : Adams Media Corporation
BIC subject : Coping with illness
Author : Jon P. Bloch

redpajama_set_name: RedPajamaCommonCrawl


Cognitive Behaviour Therapy - What is it?
The French Philosopher Descartes established that the basis of human consciousness was cogito ergo sum "I think therefore I am". Our innermost thoughts exert a powerful influence on our emotions and actions.
When we are exposed to a particular trauma this triggers our thought processes and ultimate actions, usually in a highly negative way to the detriment of our behaviour.
CBT tackles negative behaviour with normally the help of a therapist (self help books can also be of great benefit particularly in conjunction with CBT) working together with the client/sufferer on their thought processes and so addressing directly the relevant psychological problems. These may well include anxiety, reactive depression, Post Trauma Stress, panic attacks and obsessive compulsive disorders.
Early Critical Incident Debriefing has been applied increasingly to road traffic accidents and other traumatic events allowing the person to talk through both the technical and emotional issues before their thought processes are adversely influenced and PTSD takes hold.
CBT techniques include a thorough functional analysis, relaxation training, and challenging negative behaviour with a strong emphasis on goal-setting. The underlying principle is to assist the survivor to face their fears, redress their negative thought processes and resume a normal pattern in their lives.
Thorough research has now established that CBT is an extremely effective remedy which can be accomplished in between 6 and 20 sessions. A persons G.P. is the normal port of call for anyone wanting to enquire for an effective way of combating their fears.


We can't believe Kendall Jenner is officially 21 years old, and neither can her famous family.
While the Kardashian-Jenner crew joined together to celebrate Kendall's big day with two separate parties -- a dinner at Catch LA before heading over to West Hollywood hot spot Delilah -- on Wednesday, they also took to social media (what else?) to send the supermodel their birthday wishes.
Kendall's momager, Kris Jenner, was the first to wish the model a happy birthday, with a sentimental collage of pictures from Kendall's childhood.
"Happy 21st birthday my sweet angel, @kendalljenner!!!!! You are so beautiful inside and out," she captioned the sweet snap. "Thank you for being YOU and for blessing us with your kindness, your adorable sense of humor and your love. I am blessed beyond belief to call you my daughter. You make me proud every single day, and I love you so much!!! Happy birthday my beauty!!! #lovemommy #proudmama."
Khloe Kardashian took to her app to share an adorable pic of Kendall from 2000, along with a sweet note for the birthday girl.
"My little Kendall is all grown up!," she wrote. "I could not be more proud of the amazing (not to mention fierce AF!!!!) young woman that you have become. Your first legal drink is on me, boo! ? Happy birthday!"
RELATED: Kendall Jenner Totally Stole Paris Hilton's 21st Birthday Look -- See the Pics!
"My big sister is 21 ? happy birthday Kenny," Kylie captioned an Instagram post alongside a vintage snap of the two in costumes. "My other half. I wouldn't be me if it weren't for YOU ❤? we dreamt about the day when you'd turn 21 & I'd be 19. It came too fast ? ... But who you are and where you are today was beyond my wildest expectations! You are an angel my supermodel sister. I love watching you live out your dreams. Every Kylie needs her Kendall @kendalljenner."
Caitlyn Jenner also took to Instagram to share her well wishes with a photo of the two from Kendall's 21st birthday dinner.
"School, track practice, cheerleading practice, all that carpool! Now my little girl is 21!" she wrote. "Wow, so proud of you, happy birthday."
"Happy Birthday Kenya, my little angel!!" Kourtney simply posted alongside a snap of herself and her little sis.
Kendall's siblings Rob and Kim Kardashian have yet to post on social media, however Kim did make an appearance at the model's birthday bash.
"She was really happy to be able to celebrate her sister's 21st birthday," a source tells ET of Kim, who snuck through the back door of the party with husband Kanye West. "Kim looked really happy to be out with her family. She was smiling and talking to everyone."
"Kim is doing OK," the source continues. "She's still needing some time away and is not fully ready to throw herself back into her old routine just yet, but she will with time."
See more on Kendall's big bash in the video below.


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Das Kabinett Krasts war die sechste Regierung Lettlands nach der Unabhängigkeit 1990. Es amtierte vom 7. August 1997 bis zum 26. November 1998.

Kabinettsmitglieder

Parteien

Weblinks

Krasts

redpajama_set_name: RedPajamaWikipedia


text:
Il macroscelide del Capo o sengi del Capo (Elephantulus edwardii) è una specie di toporagno elefante del genere Elephantulus.

È endemico del Sudafrica, dove popola le aree rocciose (da cui il nome locale di Cape rock elephant shrew, toporagno elefante di roccia del Capo) della provincia del Capo.

Bibliografia

Altri progetti

Macroscelidi
Fauna endemica del Sudafrica
Taxa classificati da Andrew Smith


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Rick Santorum: Champion of the stupid
I had the misfortune of being exposed to Rick "Frothy Mix" Santorum's victory speech after winning a handful of primary elections in the flyover states last night. Naturally, it was only a matter of seconds before he started to pander to his provincial audience by ranting about how Obama is worse than Hitler cubed, blah blah "Obamacare," "war on religion," socialism, et al. You know, the usual things you'd expect from someone who is estranged from reality. But then he added "Obama thinks he's smarter than you. He thinks he knows better than you."
You know, because having a president that is smarter than one of Rick Santorum's fans (i.e. with an I.Q. in the triple digits) is such an awful thing. I know Barack Obama is smarter than I am, and I'm okay with that. It doesn't hurt my ego one bit. You know, because he's the President of the United States and all, and therefore has a bit more responsibility than someone like myself who performs menial office work for eight hours a day. It never ceases to amaze me that there are actually people out there who would be offended at the idea that the person with the nuclear launch codes just might possibly be a little bit more astute and well-informed than someone who willingly attaches fake testicles to the trailer hitch on their pickup truck.
When you go to see a movie, do you get mad at George Clooney because he thinks he can act better than you can? Or what about Manny Pacquiao? I bet he thinks he could beat you in a fight. That's why they're where they are, getting paid the big bucks. Because they're better than most people at what they do. That's not to say that being the President automatically means being intelligent (please refer to the years 2001-2008), or that being the star of a movie automatically means being talented (see Rooney Mara), but when someone is put into a position of prominence, he or she should ideally possess the skills necessary to do their job well, not simply be an average joe that won't make the average Walmart shopper feel threatened.
Yes, Barack Obama thinks he knows better than you. And that's a good thing. Deal with it.
#1415: Axis; A pointless violin


Care for you, not just the cancer.
Palliative care is health care that focuses on a patient's overall health and helps to improve their quality of life during traditional cancer treatment. The goal of palliative care is to relieve the symptoms of cancer at any point during treatment, regardless of prognosis.
Palliative care can help patients with symptoms caused by their cancer or its treatment including nausea, pain, and fatigue, as well as emotional, spiritual, and physical health. At end of life, palliative care promotes comfort when aggressive treatment is no longer working.
Palliative care is provided by a specially-trained team of doctors, nurses, social workers, spiritual counselors, and other specialists who work to provide an extra layer of support. It is appropriate at any age and at any stage in a serious illness and can be provided along with curative treatment.
Cancer can be overwhelming. It can be easy for you to lose focus and even your train of thought when seeing a doctor. Having clear communication with your doctor can help you to share your goals for treatment and understand your treatment options.
You can plan ahead for conversations with your health care provider with a conversation card. Just jot these conversation starters down on a piece of paper to help guide your conversation. You may even want to write notes before your appointment, so you don't forget any of the details.
Cancer treatment is also no longer a one-size-fits-all solution. The more your cancer care team knows about you, your lifestyle, and your goals for treatment, the better they can create a treatment plan that works for you.
Answer these four "reflection questions" on a regular basis and share the questions and answers with your care team.
What is one non-medical thing about your life that you think your doctor should know?
There are many things in life that are out of your hands. But there are important things in life that you can control. Advance planning for your medical wishes can help you to talk about your medical wishes with your family and friends, and with your cancer care team. When planning for your care there are two main things to document. Here, we'll share information about Advance Directives and Physician Order for Life-Sustaining Treatment (POLST).
An advance directive, also known as a living will, is a legal document in which you can specify what actions should be taken for your health if you are no longer able to make decisions for yourself because of your cancer or another illness. In an advance directive you can document how you want your doctor to proceed when it comes to life support and what type of care you would and would not like provided. In some instances you can also designate a health care proxy, or someone that you choose to make health care decisions for you if you are unable to make them for yourself.
There are a number of resources available to create your own advance directives. One quality online resource is Five Wishes, which meets the legal requirements for an advance directive in Nevada.
POLST is a medical order that states what kind of medical treatment you want toward the end of your life or in a medical crisis. This document must be completed with assistance from a health care provider (doctor, physician assistant, or advance practice registered nurse) that can translate your medical wishes into medical orders, and is signed by both you and your provider. Unlike an advance directive, the POLST is an actual medical order that travels with you wherever you receive care so emergency medical services are able to honor the orders on the POLST. Learn more about Nevada POLST and discuss your options with your cancer care team.
Learn more about advance care planning in Nevada with this PDF download from Nevada's Division of Health Care Financing and Policy, or visit their website here.


BTW--asides from the educational leveled readers supplied by the school, I get most of my leveled books and little non-fiction books from scholastic. Scholastic has great selection and low prices.
SIGN UP www.Scholastic.com/bookclubs. On the parent page, click the "Don't have a Username and Password?"link, then register for your own username and password. When prompted, enter the one-time Class Activation Code shown above. This code ensures that your order is sent to me.
SEND your order to me online by the due date. Books will be delivered directly to our classroom, as always. Online orders due Sunday.


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2017 Policy Suggestions for the Texas Legislature
Jan 26, 2017 | Economics, Politics, Pro-Life |
I would like to suggest the following bill ideas to the Texas Legislature. If you know someone who works in the Texas Legislature, feel free to send them a link to this post.
Suggestion #1: Fix Definition of "Data Processing" in the Comptroller's Definition of Taxable Services
The Texas Administrative Code was changed in 1988 with rule 3.330 to include data processing as a "Taxable Service." When the law was passed, there was no World Wide Web. Since then, the Texas Comptroller has used this term to invent new taxes by defining "web design" and "web hosting" as "data processing." In a digital age, every human activity that involves a smartphone or computer could be considered "data processing." This poorly defined term has given the Comptroller to invent new taxes at will.
Since this is an administratively invented tax, the Comptroller is unwilling to defend it in tax court. The result is that the Comptroller only enforces the tax against poor companies who cannot afford to challenge it in tax court. To my knowledge, every web design company that has challenged it has won and gotten exempted. The result is an uneven playing field where big wealthy companies get an advantage over small businesses.
The other problem:
Unlike physical goods, there is no significant benefit of having your website designed or hosted in Texas. One place on the Internet is the same as any other. The result is that Texas digital marketing companies are put at a disadvantage when selling to other Texas companies. This tax is particularly rough on the local Web design shop that works only with local small businesses. It has to compete with larger companies in other states who have an 8.25% price advantage.
Texas is one of the only states that taxes Web design at all. States like New York and California exempt Web design from sales taxes to protect the local small businesses from out-of-state competition. The Internet changes the game when it comes to state borders, and the tax law needs to reflect that.
Solution #1: Clarify the definition of "Data Processing" so that all Texas Web design/Web hosting companies have to pay the tax.
Positive Fiscal impact.
Levels the in-state playing field.
Still puts Texas companies at a competitive disadvantage with out of state companies.
Might destroy jobs if the big companies who currently get the exemption decide to move.
Raising taxes doesn't play well to the voters.
Solution #2: Remove "Data Processing" from the list of Taxable services.
This term is so antiquated it has become unhelpful. It is 2017. The days of punch cards are over, and the tax code should reflect that.
Allows Texas companies to compete with non-Texas companies on a level playing field.
Might increase jobs or bring them to Texas.
Disadvantage:
Small negative physical impact.
Idea #2: Add an Enhancement for Domestic Violence Against Pregnant Women
Everyone thinks this law is already on the books, but it is not. The Laci Peterson bill applies only in the case of homicide.
Pregnant women are at greater risk of domestic violence because the abuser now has to compete for attention with the unborn child.
Violence against a pregnant woman creates two victims. Right now the law recognizes only one victim. If a man beats his pregnant girlfriend so badly she later has a miscarriage, he can only be charged with a misdemeanor.
There is no way to prove that a man is beating a woman as a form of forced abortion. But it is possible to have the law reflect that two lives are put at risk when there is violence against a pregnant woman.
The law already has enhancement penalties for the elderly and disabled. Simply adapt these clauses to add pregnant women to the list of enhancements. It makes sense to add greater protections for those who are most vulnerable.
Idea #3: Create Standardized Grand Jury Education
Prosecutors have to spend two days every quarter training new grand juries. This not only costs money, but it also diverts precious time away from prosecuting criminals.
The Other Problem
When a prosecutor trains a grand jury, it creates a student-teacher relationship. Most Grand Jury Eligible Americans are conditioned to submit to their teachers as authority figures. This is exactly the opposite relationship that a prosecutor should have with a grand jury. For the vast majority of felony defendants, the grand jury is the only jury they get. It is critical for a fair judicial process for that jury to be as fair as possible.
The public is often dismayed by grand juries' decisions. This is because prosecutors have an undue influence on them due to the student-teacher relationship.
Have the state create a video Grand Jury Training Course. This training can be vetted by both judges, prosecutors, and defense attorneys to fairly convey the duties and responsibilities of the grand jury without bias or influence. The bailiff can facilitate the training. This way the grand jury and prosecutor have only one clearly-defined relationship.
While producing the training will cost money, it will save even more money by saving valuable time that is wasted on training every quarter. It will also make the grand jury process more fair, efficient, and just.


Doctor Johnson is originally from Martinsville, Indiana. With her dad being from Martinsville and mom from Mexico, she grew up in an English-Spanish speaking household, and is proud to offer bilingual service.
After attending Martinsville High School, she went on to earn B.A. degrees in Biology and Spanish from Franklin College. She then attended the Indiana University School of Dentistry where she graduated in 2013 with her Doctor of Dental Surgery and where she met her husband, Devin. Today they live near Greenwood with their daughter Mila who they welcomed one year ago. The Johnson-Shones enjoy traveling (especially to Mexico to visit family). Dr. Johnson also enjoys dancing, as she is a former ballet and tap dancer, crafting, and making photo books.
Keeping current with the latest advances in dentistry is extremely important to Dr. Johnson. She regularly participates in continuing education courses and training. She is also an active member of the American Dental Association, Indiana Dental Association, and the Indiana District Dental Society.
Denise, our hygienist, is a Whiteland High School graduate and a 1995 graduate of the dental hygiene program at the Indiana University School of Dentistry. Denise has spent 17 of her 22 years of dental hygiene here in Whiteland and is excited to be working with Dr. Johnson. Denise and her husband Shane have two teenage daughters. Caylee is a senior at Greenwood High School and Ali is a sophomore. In addition to being involved with her family, Denise is an avid runner and is certified in several areas of fitness instruction. In fact, when not working as a hygienist, you can find her teaching fitness classes at the The Gathering Place near Greenwood. The Gliddens live near Greenwood with their two miniature schnauzers and where they are active members of the Community Church of Greenwood. Both Denise and her husband grew up in Whiteland and are proud to call it home.
Brenda feels proud and fortunate to be one of our dental assistants here at Magnolia Dental.
She attended John H. Francis Polytechnic High School in California and then moved to Zacatecas Mexico. There, she attended the School of Dentistry of the Autonomous University of Zacatecas where she graduated in 2013. Soon after, she married her husband Jaime and together they moved to Indianapolis, Indiana where they currently live with Leonardo, their 11 month-old blessing.
One of the things Brenda enjoys most about dentistry is being able to be a patient advocate. Calming fears, answering questions and creating a soothing environment is very rewarding for her.
She loves spending time with her family and she cannot spend enough time kissing her baby boy's chubby cheeks!
Jennifer is our front desk associate. With many years of experience, you can count on her to help with anything when you call our office. She is proud to live in Whiteland, and be an active part of the community. She enjoys camping with her family.
"Dentistry is second nature to me. I have been in this ever-changing field for over 25 years. I was an assistant for about 8 years, then went to front desk. I have had the opportunity to work with some amazing dental professionals in my career, and am excited to work with Dr. Johnson. I am happily married to my best friend (Tom) and we have 5 children, 7 grandchildren, and oh, 2 dogs!"
Yazmin was born and raised in Mexico until the age of 10, when she relocated with her family to Chicago, Illinois. At age 17 she dedicated her life to serving our country when she joined the United States Navy. She has worked as a dental assistant for over 13 years. Most of her experience in the dental field has been within the military where she served for 14 years. She met her husband in the service, and they have two beautiful daughters. They have recently relocated from Japan where they were stationed for some time, and where their youngest daughter was born. Yazmin enjoys traveling, dancing and spending time with her family. Yazmin has a versatile role at Magnolia dental as a front desk associate and dental assistant.
"my philosophy is to treat every patient as you would like to be treated."
Kathy has been in the dental field for over 20 years. She is a mother of two daughters and Nana to four grandchildren. She lives in Franklin attends Emmanuel Church in Franklin. She is very excited to be a part of Dr. Johnson's team!


I am a native of Boise and enthusiastic to share my extensive knowledge of the Treasure Valley and Idaho! I have raised my family here and welcome you and yours!
I want your experience finding your home to be a fantastic one. Education is an integral part of the real estate buying and selling process and I take the time to make certain you are comfortable in your choice of home and location. I specialize in Ada County: Boise, Meridian, Eagle, Star, Kuna and Canyon County: Nampa, Caldwell, Middleton as well as Emmett in Gem County.
Clients have commented that "We feel like we are your only clients". Although that is what I might like you to believe, it is rarely the case! I am an experienced Realtor®, having earned my Idaho real estate license in 1993, my Idaho Broker license in 2002. I will give you the attention you need and deserve when searching for your home.
After being an active Realtor 10 years, I partnered with my spouse, Rich Zabel, to open Rebates Realty. Rebates Realty offers Buyers a Cash Rebate on their purchase and savings for sellers as well. Ask about Rebates on new construction!
When I am not working with real estate clients you might find me out hiking on the Boise Front, riding my bike on the greenbelt, tending my organic garden, attending a concert or reading a good book! Boise has a lot to offer and it is a great place to call home!
Copyright © 2019 - Sue Zabel with Rebates Realty - All Rights Reserved.


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Image Title: Why Freestanding Baths KOHLER In Kohler Tub Design 2. Filename: why-freestanding-baths-kohler-in-kohler-tub-design-2.jpg. Image Dimension: 741 x 400 pixels. Images Format: jpg/jpeg. Publisher/Author: Enrique Treutel. Uploaded Date: Tuesday - February 20th. 2018 01:53:10 AM. Category: Architecture. Image Source: homestyler.com.


All too often we forget about the "assist." I won't even go into how this applies at work – that would be a white paper, not a one page blog post. But I am talking about at home – particularly around the holidays. Last year stress was at an all-time high. We had two major events we were planning, one of them taking us away for almost 3 months – and work was its normal state of chaos. The holidays were just a blur – and I remember vowing that I would never try to cram everything in ever again. I remember having to explain to my daughters why we would not have time to make the holiday treats – they were crushed. There was just too much going on, and it wasn't until I was on an airplane flying far, far away, that I was able to take a breath.
This year my older daughter decided to take matters into her own hands. A few weeks ago she sat me down to talk about our "holiday strategy" this year. I loved it. She wanted to help plan out everything we wanted to do, so we would have time to get that holiday baking in, and we would not be stressed. We decided on a plan of attack, and the execution has been flawless. We are already so far ahead of where we were last year – it is amazing. All it took was a little planning, and some help. It's amazing what you can accomplish when you work together.
Thanksgiving was a quiet day for us – this was the first year ever that it was just the 4 of us. We decided that for dessert we would get together with our friends from the street – fortunately there were enough of us that we got to do a lot of baking, which meant experimenting in the kitchen. Every once in a while a recipe comes along that really knocks my socks off. This is one of those recipes. It wasn't until after I took a bite of this tart that I decided it MUST go into the blog – for nothing else than to document the fact that this was a home run winning recipe. After all, that's what this blog was intended to be – a way to document recipes for years to come. I definitely adapted this one, but Bon Appetit deserves the credit here – thanks for yet another assist – I couldn't have done it without you!
In a small bowl, combine the crumbs and sugar; add butter and blend well. Press onto the bottom and up the sides of an ungreased 9-inch springform pan. Bake at 375° for 8-10 minutes or until crust is lightly browned. Cool on a wire rack before filling.
Bring cream of tartar, 1 cup granulated sugar, and 2 Tbsp. water to a boil in a medium saucepan over medium heat, stirring until sugar dissolves. Increase heat to medium-high and cook, swirling pan occasionally (do not stir), until caramel is a deep amber color, 8–10 minutes. Remove from heat. Whisking constantly, carefully add cream (mixture will be extremely hot and will bubble vigorously); whisk until smooth. Let caramel cool slightly in pot.
Whisk pumpkin purée, brown sugar, flour, ginger, cinnamon, and salt in a large bowl. Gradually add caramel and eggs, whisking until well blended. Scrape filling into prepared crust.
Bake tart, rotating halfway through, until filling is set around edges and center barely jiggles, 30–35 minutes. Transfer to a wire rack and let cool in pan.
My 8 year old daughter is part of a book club. It's amazing to see these 3rd graders get so into these books – and of course the moms get into them as well. This is my first book club – I always heard about them, but I never had enough time – and since I really only read about food, I figured it wouldn't be for me – unless I started my own "food book club," but then who would I get to join me, since most of my friends laugh at the fact that I only read about food. So, when the invitation came for my daughter to join her friends in this book club, along with the moms, I decided it was finally time.
There are a few rules we have to follow – we all take turns hosting, and the host orders the pizza. That's right – instead of slaving all day in the kitchen, you pick up the phone and order the pizza – DONE! Then, everyone else brings stuff to the host's house – appetizers, drinks, salad, dessert, fruit…and anything else people can think of. My stand-by is the dessert – if all fails, I know I can always bring a dessert – and I am starting to feel like a dessert hogger – since we sign up in email, first come first server, and secure what we are bringing, so we don't end up with just desserts – and nothing else except pizza.
This month I held my breath and replied appetizer. I had no idea what I was going to bring, but I wanted to give someone else a chance for dessert. I saw this recipe in Cooking Light – and even though it was very similar to pizza, I had to give it a try. I just love onions, especially the sweet ones. This was super easy – and it was excellent – it had a really beautiful soft onion flavor, and the crust (even though I cheated and used pre-made) was still fantastic around those onions. I was pretty full when it was time to eat the pizza, but that meant there was more leftovers for the host – or the host's husband…which is always appreciated, especially in my house.
Heat oil in a skillet over medium-high heat. Add onion, thyme, salt, and pepper; cook 20 minutes, stirring occasionally.
Roll dough out on a parchment paper-lined baking sheet. Sprinkle feta cheese in center, leaving a 1 1/2-inch border; top with onion. Sprinkle with Swiss cheese. Fold piecrust border up and over onion mixture, pleating as you go, leaving a 6-inch-wide opening. Combine egg and 2 tablespoons water; brush over dough. Bake at 425° for 25 minutes or until golden. Cool for 10 minutes.
My father loves to ask questions (this must be where my girls get it from) – but not questions that you would expect. In fact, when I was young, we used to joke about a book that he was going to write – "101 Stupid Questions" – for example, "What color is an orange?" When he comes to visit, he peppers my daughters with questions – and at first they actually entertain the questions and give him solid answers. After a little while though, they start tuning him out. I'm sure they are probably thinking, hey, this is my job to ask the questions – not yours.
I saw this recipe in Bon Appetit a while ago, and I thought it looked interesting, so I threw it in the pile. If it wasn't for the golden syrup, I am not sure I would have ever made it – but after making these, I had a lot of golden syrup left in the pantry. When I was reading through this recipe, I noticed that it called for golden syrup as well – and just about the amount that I had left. Therefore, it moved up on the list, and I really had no excuse not to make it, unless I wanted that delicious golden syrup to go bad (if it could ever go bad).
Ok, so what does this have to do with my father and asking questions? He was visiting when I made this. He asked me a couple of times what I was making – and each time I told him an Apple Tart – but I am not sure he really believed me, because it really didn't look like one. He asked one more time, "What did you make?" I said, "An Apple Treacle Tart." He said, "What's in it?" Then I decided to have some fun and said, "Apples and Treacle." Ask a stupid question, get a stupid answer. Both my husband and I just started laughing, and tears were streaming down my face. My father said nothing, and no follow-up questions.
So what is a treacle? I looked it up, and here is the definition: Treacle is the generic name for any syrup made during the refining of sugar cane. The most common forms of treacle are the pale syrup that is also known as golden syrup. So, I was telling the truth, even though it sounded hilarious to say it.
If you like pecan pie, you will love this tart. It was basically a pecan pie with apples instead of pecans. The crust was delightful, and went beautifully with the filling. I didn't have any more whipping cream left – but this would have been great with some freshly whipped cream (like the original recipe).
*A type of cane syrup popular in Great Britain; available at some supermarkets and at specialty foods stores and British import shops.
Blend flour, sugar, and salt in processor 5 seconds. Add butter. Using on/off turns, cut in until very coarse meal forms. Add 3 tablespoons ice water. Blend until moist clumps form, adding more ice water by teaspoonfuls if dough is dry. Gather dough into ball; flatten into disk. Wrap in plastic wrap and chill 1 hour. DO AHEAD Dough can be made 1 day ahead. Keep chilled. Soften briefly at room temperature before rolling.


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The NM Political Report (http://nmpoliticalreport.com/2015/11/04/would-clinton-choose-heinrich-as-running-mate/)
Martin Heinrich
Would Clinton choose Heinrich as running mate?
By Matthew Reichbach | November 4, 2015
U.S. Senator Martin Heinrich. Official photo.
New Mexico is used to having politicians named as possible choices for a running mate on a presidential ticket.
In 2008, Bill Richardson's name was floated as a possibility to be Barack Obama's running mate. In 2012, Susana Martinez's name came up and has continued as we head towards the 2016 elections.
Now, it looks like U.S. Sen. Martin Heinrich is getting his turn in the VP speculation spotlight.
David Mixner, a gay rights activist and longtime Democratic fundraiser and strategist, isn't in Hillary Clinton's inner circle. He recently criticized Clinton for statements about the origin of the Defense of Marriage Act signed by Bill Clinton when he was president and supported Barack Obama in the 2008 Democratic primary over Clinton.
Still, he says that Clinton will be the Democratic nominee for president and looked at who Clinton might choose to be her running mate. At the top of his list was Heinrich.
The Senator is strikingly handsome, intelligent, progressive, strong environmental credentials and speaks fluent Spanish. He's also from the critical Rocky Mountain states. In addition, a fresh young face in a sea of older candidates.
Mixner wrote about the possibility at Towleroad, an LGBT-focused website based out of Las Vegas, Nevada.
NM Political Report reached out to Heinrich's U.S. Senate office on Tuesday about the possibility but did not receive a response.
Mixner acknowledged that Secretary of Housing and Urban Development Julian Castro is seen as the favorite to be Clinton's running mate. He also mentions Sen. Tim Kaine of Virginia, Colorado Gov. John Hickenlooper, Sen. Sherrod Brown of Ohio and Sen. Mark Warner of Virginia as other "prime contenders" for the position.
Mixner says that if Florida Sen. Marco Rubio is nominee and chooses Ohio governor John Kasich as his running mate " it will be the Democrats' worst nightmare" and make the Mountain West critical to winning the presidency.
New Mexico was seen as a swing state in 2000 and 2004. Al Gore beat George W. Bush by less than 500 votes in New Mexico in 2000, while Bush beat John Kerry by about 6,000 votes in 2004.
Obama easily won New Mexico in 2008 and 2012.
Former Albuquerque mayor Martin Chávez is a high profile supporter of Clinton, though is not an official part of the campaign and does not speak for the campaign.
He wrote to NM Political Report that Clinton's campaign was focused on the primary "but Martin has my vote" and that it was "really nice" that Heinrich was mentioned.
Clinton faces Vermont Senator Bernie Sanders and former Maryland Governor Martin O'Malley in the Democratic primary. Clinton is still seen as the large favorite to win the nomination.
If Heinrich does become vice president in 2016 that would likely mean one less Democrat in the Senate for a President Clinton; Gov. Susana Martinez would have the ability to choose a replacement who would serve until the 2018 general election.
Martinez would likely choose a Republican to fill the position.
Chávez said he wouldn't like to see Martinez choose Heinrich's replacement.
"But then maybe Martinez will be on the GOP ticket," he said. "Go figure!"
Feds: Election systems in 21 states (but not NM) targeted by Russian hackers
New Mexico was told there are no signs that Russians targeted the state's elections systems ahead of the 2016 elections. Secretary of State Maggie Toulouse Oliver made the announcement Friday afternoon, after news broke that the U.S. Department of Homeland Security contacted the elections officials in each state and informed 21 there were attempts to breach their systems. The Associated Press reported DHS said there was no evidence any votes were affected.
No sign that Russians accessed NM voter systems
NM electors cast votes for Clinton
View all 2016 elections articles →
AG looking into potential Epstein crimes committed in NM
Attorney General Hector Balderas' office is looking into whether convicted sex offender Jeffrey Epstein committed crimes in New Mexico. The newly renewed attention on the New York financier came after investigative work by the Miami Herald—and resulted in new federal charges on sex trafficking charges. Thanks to a sweetheart deal from Alex Acosta, who announced Friday morning that he would resign from his position as U.S. Labor Secretary amid criticism of the plea deal, Epstein only served 13 months in county jail, and was granted work release.
Legal scholars dispute whether monuments are permanent
Has the moment for environmental justice been lost?
View all Bill Clinton articles →
Local rapid bus system gets national attention as it lurches forward
Scandal over faked credentials forces Mora schools chief out
About Matthew Reichbach
Matthew Reichbach is the editor of the NM Political Report. The former founder and editor of the NM Telegram, Matthew was also a co-founder of New Mexico FBIHOP with his brother and one of the original hires at the groundbreaking website the New Mexico Independent. Matthew has covered events such as the Democratic National Convention and Netroots Nation and formerly published, "The Morning Word," a daily political news summary for NM Telegram and the Santa Fe Reporter. Matthew has appeared as a panelist for the Society of Professional Journalists' New Mexico Chapter's panel on covering New Mexico politics and the legislature. A native New Mexican from Rio Rancho, Matthew's family has been in New Mexico since the 1600s.
Follow @fbihop
More by Matthew
Matthew Reichbach


Talk about dropping a lot of information, Disney. Star Wars: Episode IX's official website announced new details for the ninth Star Wars film, which brings back director J.J. Abrams.
New faces to the Star Wars universe include Naomi Ackie and Richard E. Grant.
Oh, and we can't forget some veterans making a return for Episode IX, like Mark Hamill, Anthony Daniels and Billy Dee Williams.
The biggest question was what in the world this Star Wars installment was going to do with actor Carrie Fisher's character, Princess Leia. With her unfortunate death prior to the release of The Last Jedi, there has been speculation that maybe they'll just fast-forward to her funeral at the beginning of Episode 9.
With this recent bombshell of a news release, Star Wars' official site confirms Abrams will use unreleased footage from The Force Awakens.
Composer John Williams will also return to score Episode IX. Do I really need to explain who he is to you?
Episode IX will begin filming on Aug. 1 at London's Pinewood Studios.
The release date is expected to be December 2019.
Tags: 2018, 2019, Adam Driver, daisy ridley, december, director, episode IX, finn, jj abrams, john boyega, john williams, kylo, news, reflect the screen, rey, saga, star wars, the force awakens, the last jedi. Bookmark the permalink.


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Q: rgdal loads PROJ.4 version 4.9.1 when the updated 4.9.2 is installed I have been having problems with vectorial spatial data for some time, mostly important to plot SpatialPolygonDataFrames (I asked here: Slow plotting SpatialPolygonDataFrames on some systems). This happens to me in a Macos laptop (MacBook Pro (Retina, 13-inch, Late 2013) with macOS Sierra 10.12.4 (16E195).
Trying to solve it, I updated all libraries related to spatial data, among them GDAL and PROJ. After reinstalling rdgal, I have noticed that when I load the library, the wrong version of PROJ.4 is loaded:
> library(rgdal)
rgdal: version: 1.2-7, (SVN revision 660)
 Geospatial Data Abstraction Library extensions to R successfully loaded
 Loaded GDAL runtime: GDAL 2.1.2, released 2016/10/24
 Path to GDAL shared files: /Library/Frameworks/R.framework/Versions/3.3/Resources/library/rgdal/gdal
 Loaded PROJ.4 runtime: Rel. 4.9.1, 04 March 2015, [PJ_VERSION: 491]
 Path to PROJ.4 shared files: /Library/Frameworks/R.framework/Versions/3.3/Resources/library/rgdal/proj
 Linking to sp version: 1.2-4

I am sure I have installed the version 4.9.2, and it must be properly set in PATH because if I run the command proj on the terminal I get:
MacBook-Pro:~ javierfajnolla$ proj
Rel. 4.9.2, 08 September 2015
usage: proj [ -beEfiIlormsStTvVwW [args] ] [ +opts[=arg] ] [ files ]

The version 4.9.1 is known to have some problems (although I totally do not know if my problems are at all related to those... I'm just desperate for a solution), so I think I should update it. But I have failed trying to make rgdal read the right version of it.
Does anyone know a way to do this?
EDIT: I still do not have a way to solve this issue, but I have some additional information:

*

*If the plots are done in R, not RStudio, it is faster. Not as fast as in other OS, but still better. It seems that the plotting device built in RStudio is quite slow.

*There is a workaround related with the previous point. It is possible to use a different plotting device that RStudio's, and that makes it much faster. You can open pdf() or png(), make the plot and close the connection dev.off() and you will get a file with the plot inside. Not ideal, but certainly working.

A: I have been able to upgrade the versions of gdal and proj that R's recognise with the aid of brew (Homebrew, an application that runs throw the terminal and installs things for you -@https://brew.sh/index_es.html). If you have brew installed, you can run on terminal:
brew tap osgeo/osgeo4mac   # taps are repositories
brew install gdal2
#brew upgrade gdal2  # if you already has a running version of gdal installed
#brew search gdal   # to see versions of gdal available
brew install proj
#brew upgrade proj  # if you already has a running version of proj installed

After that, reinstalling rgdal should recognise the newest versions of both, but you could state the directions on where to find them:
 > install.packages('rgdal', type = "source", configure.args=c('--with-proj-include=/usr/local/include','--with-proj-lib=/usr/local/lib'))

(I took that code from @https://stackoverflow.com/questions/15248815/rgdal-package-installation)
However, I never got rid of the (autodetected) message.
> library(rgdal)
rgdal: version: 1.2-8, (SVN revision 663)
 Geospatial Data Abstraction Library extensions to R successfully loaded
 Loaded GDAL runtime: GDAL 2.1.3, released 2017/20/01
 Path to GDAL shared files: /opt/local/share/gdal
 Loaded PROJ.4 runtime: Rel. 4.9.3, 15 August 2016, [PJ_VERSION: 493]
 Path to PROJ.4 shared files: (autodetected)
 Linking to sp version: 1.2-5

Neither I solved my problems with slow plotting of spatial objects in RStudio, but I am thinking now that it could be rather a problem with the plotting device used in macOS and will ask that in a separate question.

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text:
Q: How do I solve this question about Pigeonhole Principle (Discrete Mathematics)? I am not understanding the following question. I mean I want to know the sample input output for this problem question: "The pigeonhole principle states that if a function f has n distinct inputs but less than n distinct outputs,then there exist two inputs a and b such that a!=b and f(a)=f(b). Present an algorithm to find a and b such that f(a)=f(b). Assume that the function inputs are 1,2,......,and n.?"
I am unable to solve this problem as I am not understanding the question clearly. looking for your help.

A: The pigeonhole principle says that if you have more items than boxes, at least one of the boxes must have multiple items in it.
If you want to find which items a != b have the property f(a) == f(b), a straightforward approach is to use a hashmap data structure.  Use the function value f(x) as key to store the item value x.  Iterate through the items, x=1,...,n.  If there is no entry at f(x), store x.  If there is, the current value of x and the value stored at f(x) are a pair of the type you're seeking.
In pseudocode:
h = {}  # initialize an empty hashmap
for x in 1,...,n
    if h[f(x)] is empty
       h[f(x)] <- x   # store x in the hashmap indexed by f(x)
    else
       (x, h[f(x)]) qualify as a match    # do what you want with them

If you want to identify all pigeons who have roommates, initialize the hashmap with empty sets.  Then iterate through the values and append the current value x to the set indexed by f(x).  Finally, iterate through the hashmap and pick out all sets with more than one element.

Since you didn't specify a language, for the fun of it I decided to implement the latter algorithm in Ruby:
N = 10  # number of pigeons

# Create an array of value/function pairs.
# Using N-1 for range of rand guarantees at least one duplicate random
# number, and with the nature of randomness, quite likely more.
value_and_f = Array.new(N) { |index| [index, rand(N-1)]}

h = {}  # new hash

puts "Value/function pairs..."
p value_and_f  # print the value/function pairs

value_and_f.each do |x, key|
  h[key] = [] unless h[key]  # create an array if none exists for this key
  h[key] << x                # append the x to the array associated with this key
end

puts "\nConfirm which values share function mapping"
h.keys.each { |key| p h[key] if h[key].length > 1 }

Which produces the following output, for example:
Value/function pairs...
[[0, 0], [1, 3], [2, 1], [3, 6], [4, 7], [5, 4], [6, 0], [7, 1], [8, 0], [9, 3]]

Confirm which values share function mapping
[0, 6, 8]
[1, 9]
[2, 7]

Since this implementation uses randomness, it will produce different results each time you run it.

A: Continuing what https://stackoverflow.com/a/42254627/7256243 said.
Lets say that you map an array A of length N to an array B with length N-1.
Than the result could be an array B; were for 1 index you would have 2 elements.
A = {1,2,3,4,5,6}
map A -> B

Were a possible solution could be.
B= {1,2,{3,4},5,6}

The mapping of A -> could be done in any number of ways.
Here in this example both input index of 3 and 4 in Array A have the same index in array B.
I hope this usefull.

A: Well let's go step by step.
I have 2 boxes. My father gave me 3 chocolates....
And I want to put those chocolates in 2 boxes. For our benefit let's name the chocolate a,b,c.
So how many ways we can put them?
[ab][c]
[abc][]
[a][bc]

And you see something strange? There is atleast one box with more than 1 chocolate.
So what do you think?
You can try this with any number of boxes and chocolates ( more than number of boxes) and try this. You will see that it's right.
Well let's make it more easy:
I have 5 friends 3 rooms. We  are having a party. And now let's see what happens. (All my friends will sit in any of the room)
I am claiming that there will be atleast one room where there will be more than 1 friend.
My friends are quite mischievious and knowing this they tried to prove me wrong.

*

*Friend-1 selects room-1.

*Friend-2 thinks why room-1? Then I will be correct so he selects room-2

*Friend-3 also thinks same...he avoids 1 and 2 room and get into room-3

*Friend-4 now comes and he understands that there is no other empty room and so he has to enter some room. And thus I become correct.

So you understand the situation?
There n friends (funtions) but unfortunately or (fortunately) their rooms (output values) are less than n. So ofcourse one of the there exists 2 friend of mine a and b who shares the same room.( same value f(a)=f(b))


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On Friday Melinda and I met for coffee at The Common, and, as part of a trade, she gave me these ornaments that she had made. I love that they have the little heart shapes from the thrummed mittens we both have (the ones that I bought, and the ones that she made)! They are so very special, and demonstrates in small part how thoughtful she is; as with all her work, it's all about the details! I think it would not be so bad if I had these little paws up all year long. Thank you, Melinda!
I may try to whip up some ornaments reminiscent of Jenny's, using motifs from a cross-stitch pattern I got from Superbuzzy last year. Here is a surprise: I don't even like Christmas that much! I don't have any extended family nearby, and so the merriment quotient is quite low. If I ever have a child of my own, however, it will be nice to feel that Christmas excitement again, vicariously. And then I will be so happy that I have the sweetest handmade ornaments for our tree.
Aww! I'm so glad you like them, and love the idea that they may be up on the wall year-round!
I hope your Christmas is very merry, and I'll see you in the New Year!
PS - I love your Bay hat!
Oh yes, I LOVE them! Thanks again!


text:
Q: Is defining singleton possible in the python circuits component is it defining a singleton in the circuits is simple like this? I dont know the potential impact,
are there any risks implement the singleton in this way?
class Singleton(Component):
__instance = None
def __new__(cls):
    if cls.__instance is None:
        cls.__instance = super(Singleton,cls).__new__(cls)
        cls.__instance.__initialized = False
    return cls.__instance

def __init__(self):
    if(self.__initialized): return
    self.__initialized = True
    print ("INIT")