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

The opinion of the court was delivered by

Graves, J.:

This action was commenced in the district court of Reno county by W. C. Burgess to recover damages for a personal injury received by being struck by one of the defendant’s passing trains. He recovered therefor, and the defendant appeals.

The plaintiff was at Ellinwood, and wished to go to Raymond. He boarded a train which did not stop at Raymond. When about two miles from Raymond the conductor asked him for his ticket. He had none. When he told the conductor that he wanted to stop at Raymond and would pay cash fare he was informed that he…