St. Louis S. F. R. Co. v. Wood
Supreme Court of Oklahoma
Error from County Court, Hughes County; J. Ross Bailey, Judge.' Action by C. W. Wood and another, doing business as Wood & McAlester, against the St. Louis & San Fr'an- • cisco Railroad Company. Judgment for defendant, and :from an order granting a new trial defendant brings error.
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Error from County Court, Hughes County; J. Ross Bailey, Judge.' Action by C. W. Wood and another, doing business as Wood & McAlester, against the St. Louis & San Fr'an- • cisco Railroad Company. Judgment for defendant, and :from an order granting a new trial defendant brings error. This was an action against the plaintiff in error to recover damages to an interstate shipment of cattle, caused by the fault of the railroad in negligently delaying delivery in Kansas City, and in negligently failing to unload the cattle for rest', feed, and water, as required by law. The cattle were shipped under…
1Opinion of the Court
Opinion by
DEVEREUX, C.
(after stating the facts as above). From the' above statement of the facts, it appears plainly that 'the lower court granted the new trial solely on a question of law, unmixed with any questions of fact, or discretion on the part of the court, and in this class of cases ■ the action of the trial court in granting a new trial is open for review in this court. Farmers’ & Merchants’ National Bank of Hobart v. School District No. 56, 25 Okla. 284, 105 Pac. 641; Jacobs v. City of Perry, 29 Okla. 743, 119 Pac. 243; Sharp v. Choctaw, etc., Co., 34 Okla. 730, 126 Pac. 1025;…
2Cases cited14 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- St. Louis S. F. R. Co. v. ZickafooseSupreme Court of Oklahoma · 1913
- St. Louis S. F. R. Co. v. BilbySupreme Court of Oklahoma · 1913
- Missouri, K. & T. Ry. Co. v. LenahanSupreme Court of Oklahoma · 1913
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3Cited by4 opinions
- Fred Harvey v. Corporation CommissionSupreme Court of Oklahoma · 1924
- St. Louis & S. F. R. Co. v. AkardSupreme Court of Oklahoma · 1916
- Everly v. NorthcuttSupreme Court of Oklahoma · 1918
- St. Louis S. F. R. Co. v. Union Const. Co.Supreme Court of Oklahoma · 1919