Whitman v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Porter, J.:

The plaintiff recovered a judgment against the railway company for $400 on account of injuries received in ¡alighting from the caboose of a freight train at the station of Cherryvale. At the time of the injury he was seventy-five years of age. When the train reached Cherryvale about dusk it did not stop at the depot but continued across Main street in order not to block that street and came to a stop about 275 feet from the depot. The plaintiff expected the train to stop at the depot, and fearing that he would be carried past his station…