Wilcox v. Kansas City Western Railway Co.

TRIMBLE, J.-

— This is an action against a carrier of passengers for damages arising from an assault upon plaintiff by a drunken, boisterous and quarrelsome fellow passenger. The charge is that defendant’s servants in control of and operating the ear negligently failed to protect plaintiff.

The answer was a general denial.

At the close of plaintiff’s testimony the defendant demurred but was overruled. At the' close of all the evidence the defendant again demurred but was again overruled. The jury returned a verdict of $1250 for plaintiff. Afterwards, the trial court sustained defendant’s motion…