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

The opinion of the court was delivered by

Burch, J. :

F. A. Rolfs commenced an action in the district court of Leavenworth county against the Atchison, Topeka & Santa Fe Railway Company to recover damages consequent upon his expulsion from ■one of the defendant’s passenger-trains on June 12, 1896. Concerning his right to be transported, he alleged as follows:

“That on the 12th day of May, 1896, said plaintiff ■purchased from the defendant, through its agent at *273Norman, Indian Territory, a book of mileage containing tickets for one thousand miles’ transportation over the lines of the said…