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

The opinion of the court was delivered by

Mason, J. :

The only question presented in this case is whether the district court erred in sustaining a demurrer to the petition. The petition alleged that plaintiff, a boy fifteen years of age, agreed with the *439brakeman of one of defendant’s passenger-trains to pay Mm twenty-five cents to carry him from Great Bend to Hutchinson ; that plaintiff paid the brakeman this amount and the brakeman told him to get. upon the platform of the baggage-car, and to get off at the stopping-places on the way for the purpose of keeping out of sight; that plaintiff rode…