Page:Railway Company v. B'Shears 01.pdf/2

238 inconvenience of plaintiff and the other citizens of said town; that plaintiff and more than fifty citizens of said town of Fulton had applied in writing to Jay Gould, president, and to W. T. Kelly, superintendent, of defendant's corporation, and asked that said "Cannon Ball" trains be stopped at said town of Fulton, as provided for under the statute; that said application had been refused.

This petition was demurred to upon the following grounds:


 * 1) Because it failed to set up facts sufficient to constitute a good cause of action against this defendant.
 * 2) Because it failed to set up facts sufficient, under the statutes of the State of Arkansas, to entitle him to a writ of mandamus as prayed.
 * 3) Because the plaintiff had no legal capacity to institute this suit.
 * 4) Because there was no equity in the petition entitling plaintiff to the relief sought.

After argument, this demurrer was overruled, and all proper exceptions duly saved.

The appellant answered, and, among other things, stated that two of its passenger trains and one local freight train carrying passengers going south, and the same number and kind of trains going north, stopped at the town of Fulton each day—one passenger at 7:22 a. m., going south; one passenger at 7:55 p. m., going south; one passenger at 7:55 p. m., going north; one passenger at 8:32 p. m., going north. That the "Cannon Ball" going south passes Fulton at 12:45 p. m., and does not stop. That the Texas special passes Fulton at 3:01 p. m., and does not stop. That these trains run to and from St. Louis and Memphis. That the "Cannon Ball" was a fast train carrying United States mail and passengers, and was under the necessity of making fast time to make proper connection with trains at Texarkana and