Legal Opinion

Midland Valley R. Co. v. George

Supreme Court of Oklahoma

Decided October 23, 1912No. 1912PublishedCited by 3 opinions

Error from Osage, County Court; C. T. Bennett, Judge. Action by A. E. George against the Midland Valley Railroad Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

Opinion by

ROSSER, C.

This is a companion case to Midland Valley Railroad Co. v. J. D. Adkins, post, 127 Pac. 867. This action was for damages to one car of stock shipped on the same train with the stock belonging to Adkins, and the facts are exactly the same except as to the number of cattle shipped.

The bill of particulars in this case, however, alleged that the defendant by written contract agreed to ship the stock. The plaintiff was allowed to testify that he had a bill of lading for the stock from Wheeler Switch to Kansas City. He did not testify as to its contents. The admission of this…

2Cases cited10 opinions

  1. Holden v. LynnSupreme Court of Oklahoma · 1911
  2. St. Paul Fire Marine Ins. Co. v. MittendorfSupreme Court of Oklahoma · 1909
  3. Texas P. R'y Co. v. NicholsonTexas Supreme Court · 1884
  4. Fountain v. Wabash RailroadMissouri Court of Appeals · 1905
  5. E. L. & R. R. R'y Co. v. HallTexas Supreme Court · 1885

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3Cited by3 opinions

  1. Midland Valley R. Co. v. LarsonSupreme Court of Oklahoma · 1914
  2. Chicago, R. I. & P. Ry. Co. v. BeattySupreme Court of Oklahoma · 1914
  3. Vander Zyl v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1922

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