Supreme Court of Kansas February 6, 1926, No. 26,453 (Savage v. Western Union Telegraph Co.)

The opinion of the court was delivered by

Hopkins, J.:

The action was one for damages for failure to deliver a telegram. Plaintiff prevailed and defendant appeals.

The evidence showed these facts: Plaintiff lived at Merriam, near Kansas City. He was on the extra board of the Kansas City Terminal Railroad Company as :a yardman and had been working about one-third ;of his time.