Mayne v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Oklahoma
Error from the District Court of Grant County; before John L. McAtee, Trial Judge. STATEMENT OE EAOTS. This is an action brought in the district court of Grant county by the plaintiff in error against the defendant in error, to recover damages in the sum of $4,000, alleged to have been sustained by reason of the negligence of the defendant in error, the material facts in relation to such alleged negligence being stated in the petition as follows: “That on the morning of June…
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Error from the District Court of Grant County; before John L. McAtee, Trial Judge. STATEMENT OE EAOTS. This is an action brought in the district court of Grant county by the plaintiff in error against the defendant in error, to recover damages in the sum of $4,000, alleged to have been sustained by reason of the negligence of the defendant in error, the material facts in relation to such alleged negligence being stated in the petition as follows: “That on the morning of June 28, 1900, this plaintiff, desired to take the passenger train of the defendant railway company, as a passenger on the…
1Opinion of the Court
Opinion of the court by
Pancoast, J.:
We shall consider this case in the light of the objection to the introduction of evidence under the petition, upon the ground that the same did not state a cause of action, rather than from the standpoint of the objection to the statement of counsel to the jury, as we doubt the propriety of sustaining an objection to the introduction of evidence, and rehdering judgment, because the statement of counsel to the jury does not make out a prima, facie case.
Elaborate briefs have been filed in this case by both parties, and numerous cases cited, yet no case is…
2Cases cited3 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
- Armil v. Chicago, Burlington & Quincy R'y Co.Supreme Court of Iowa · 1886
3Cited by10 opinions
- Bush v. Weed Lumber Co.California Court of Appeal · 1923
- Johnson v. Union Furniture Co.California Court of Appeal · 1939
- Chicago, R. I. & P. Ry. Co. v. NagleSupreme Court of Oklahoma · 1916
- St. Louis S. F. R. Co. v. CrinerSupreme Court of Oklahoma · 1913
- St. Louis S. F. R. Co. v. HessSupreme Court of Oklahoma · 1912
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