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

The opinion of the court was delivered by

Harvey, J.:

This is a common-law action for damages, alleged to have resulted from defendant’s negligence. The trial court overruled a demurrer to the petition. Defendant has appealed.

The petition alleges in substance: That plaintiff and her husband were for many years residents of Hale, Carroll county, Missouri; that her husband died at Hutchinson, Kan., August 8, 1925; that she desired, in accordance with his wish, that he be buried at his old home; that she purchased from defendant a ticket by which defendant contracted and agreed to receive at…