Ft. Smith W. R. Co. v. McCormick
Supreme Court of Oklahoma
Error from District Court, Olcfuslcee County; John Carutheré, Judge. Action by L. C. McCormick against the Ft. Smith & "Western Eailroad Company.
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Error from District Court, Olcfuslcee County; John Carutheré, Judge. Action by L. C. McCormick against the Ft. Smith & "Western Eailroad Company. Judgment for plaintiff, and defendant brings error. —Citing: Eddy v. Lafayette, 49 Fed. 789; Ruppert v. Brooklyn, etc., R. Co., 154 N. Y. 90; Railway Co. v. Trotter, 37 Ark. 597; Railway Co. v. Jones, 76 Ill. 311; Holman v. Railroad Co., 62 Mo. 562; Railroad Co. v. Hall (Ala.) 6 So. 277; Railway Co. v. Hage (Ala.) 37 So. 439. Citing: Railway Go. v. Washington, 49 Fed. 347; Railway Co. v. Ellis, 54 Fed. 481; Sans Bois Coal Co. v. Janeway, 22 Okla.…
1Opinion of the CourtKaNE, J.
This action was prosecuted by the defendant in error, plaintiff below, against the plaintiff in error, defendant below, to recover damages for the alleged negligent killing of one gray mare and two colts. The petition contains averments of negligence in the operation of the defendant’s train, and that the engine was equipped with an oil headlight only. The answer denied all the allegations of the petition, putting in issue all the aver-ments thereof. There was a verdict for plaintiff, upon which judgment was duly entered, to reverse which this proceeding in error was commenced.
The evidence of…
2Cases cited5 opinions
- Gulf, C. & S. F. Ry. Co. v. EllisCourt of Appeals for the Eighth Circuit · 1893
- Gulf, C. & S. F. R. Co. v. WashingtonCourt of Appeals for the Eighth Circuit · 1892
- Harris v. Misssouri, K. & T. Ry. Co.Supreme Court of Oklahoma · 1909
- Missouri, K. & T. Ry. Co. v. ShepherdSupreme Court of Oklahoma · 1908
- Missouri, K. & T. Ry. Co. v. FordSupreme Court of Oklahoma · 1909
3Cited by1 opinion
- Missouri, O. & G. Ry. Co. v. OvermyreSupreme Court of Oklahoma · 1916