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

The opinion of the court was delivered by

West, J.:

This is an appeal from an order sustaining a demurrer to the plaintiffs’ evidence in their two cases, which were submitted together. B. F. Fennell, a colored man sixty-six years old, with his wife, went as passengers from. Newton to Walton, arriving there late in the afternoon. There was testimony to the effect that upon learning that the man they *211went to see was not there they concluded to take the first train back to Newton, that the marshal of the town of Walton came into the front door, looked at the plaintiffs, then went to the door of…