Atchison, Topeka & Santa Fé Railroad v. Brewer

The opinion of the court was delivered by

Horton, C. J.:

Defendant in error sued plaintiff in error before a justice of the peace, to recover for lost baggage. Both parties appeared by counsel, a trial was had, and a judgment was there obtained against the plaintiff in error. The case was thereafter appealed to the district court by the railroad company, and upon the trial the company interposed a demurrer to the testimony offered by defendant in error. The demurrer was overruled, and judgment rendered for Brewer. The judgment is alleged to be erroneous, first, because the defendant in error…