McCullough v. Liberty Life Insurance

The opinion' of the court was delivered by

Hopkins, J.:

The action was one by the wife of Thurlow W. McCullough to recover on an accident insurance policy for his death, he having been killed by a bandit who robbed the Santa Fe railway station at Iola where McCullough was night operator and ticket agent. Plaintiff prevailed and defendant appeals.

The facts, related chiefly by the baggageman, Frank Marks, the only eye-witness of the tragedy, were substantially as follows: A train had arrived and departed about five o’clock on the morning of March 22, 1926. Marks had delivered the mail to the mail…