Walters v. Missouri Pacific Railway Co.

The opinion of the court was delivered by

Johnston, C. J.:

This litigation, instituted to recover for injuries sustained by a passenger while alighting from a train, is here for a second review. (Railway Co. v. Walters, 78 Kan. 39.) In his petition *740S. F. Walters alleged that on July 25, 1903, he was a passenger on a train of the Missouri Pacific Railway Company due to arrive at Bigelow at about four o’clock in the morning, and as the train approached his destination the conductor in charge of the train came into the car in which he was riding and directed him to go out upon the platform of the…