Kansas City, Fort Scott & Memphis Railroad v. Dalton

The opinion of the court was delivered by

Pollock, J.:

This was an action brought by Jennie Dalton to recover damages from the railroad company for negligence in the discharge of its duty toward plaintiff, as a passenger. The facts were that plaintiff, accompanied by her sister, purchased a ticket and *662took passage upon one of defendant’s trains from Kansas City to Fontana, Kan. The train left Kansas City about 9 :45 p. m., and was due to arrive at Fontana about 11:40 p. m. It was a regular passenger-train, not scheduled to' stop at Fontana except upon signal. The brothers of plaintiff were at…