Marsh v. Wells Fargo & Co. Express

The opinion of the court was delivered by

Benson, J.:

This is an action to recover a reward offered for the arrest and conviction of a criminal. The appeal is from a judgment for the plaintiff on a demurrer to evidence.

On or about March 29, 1908, an express messenger on a westbound train on the Atchison, Topeka & Santa Fe railway, in Marion county, was killed. The defendant offered $1000 reward for the arrest and conviction of the party who killed the messenger. The plaintiff learned of this offer early on March 29, from the agent at Peabody who called him in and showed him a telegram…