Morse v. Duncan

Hill, D. J.

This is a petition claiming $1,000 damages of the defendant for the alleged default of his employes in neglecting to stop defendant’s passenger trains at Marion, a flag station on the Mobile & Ohio Railroad, of which defendant is receiver, to take peti*397tioner on board said trains and transport him to Seooba, on said road. The allegations of the petition are denied.

The proof shows that petitioner went to the station at Marion on the morning of December 29, 1881, to take the train for Seooba; that the train passed the usual place for stopping to put off and take on passengers, and…