Atchison, Topeka & Santa Fe Railway Co. v. Marks
Supreme Court of Oklahoma
JSrror from the District Qourt of Logan County; before Jno. U. Burford, Trial Judge. STATEMENT OE PACTS. The defendant in error, Ford L. Marks, on the 29th day of January, 1898, while riding in a buggy, on a public highway, running near to the right of way and tracks of the plaintiff in error, near the town of Mulhall, said buggy being drawn by one horse, said horse became frightened at the blowing of a whistle, on an engine owned and operated by the plaintiff in error, the…
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JSrror from the District Qourt of Logan County; before Jno. U. Burford, Trial Judge. STATEMENT OE PACTS. The defendant in error, Ford L. Marks, on the 29th day of January, 1898, while riding in a buggy, on a public highway, running near to the right of way and tracks of the plaintiff in error, near the town of Mulhall, said buggy being drawn by one horse, said horse became frightened at the blowing of a whistle, on an engine owned and operated by the plaintiff in error, the blowing of said whistle being what is known as the sounding of a stock alarm. Said buggy was overturned and tbe…
1Opinion of the Court
Opinion of the court by
IewiN, J.:
The first claim of plaintiff in error for a reversal of this case was the order of the court overruling defendant’s motion to strike out a portion of plaintiff’s petition. That portion asked to be stricken out is as follows:
“That on such occasion it was 'the plaintiff’s purpose if he discovered the approach of any train, to continue his journey eastward on the said east and west road and highway, and thereby remove from the vicinity of the said railroad and approaching train; that the defendant by its servants in charge of said locomotive engine propelling…
2Cases cited1 opinion
- Southern Kansas Railway Co. v. GorsuchSupreme Court of Kansas · 1892
3Cited by14 opinions
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- Grant v. MilamSupreme Court of Oklahoma · 1908
- Fulsom-Morris Coal & Mining Co. v. MitchellSupreme Court of Oklahoma · 1913
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