Chicago, Rock Island & Pacific Railway Co. v. Cole
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF OKLAHOMA. The case is stated in the opinion.
1Opinion of the CourtJustice Holmes
This is an action brought by the defendant in error for knocking down and killing her intestate, Roberts. He stepped upon the railroad track when a train was approaching in full view and was killed. It may be assumed, as the State Court assumed, that, if the question were open for a ruling of law, it would be ruled that the plaintiff .could not recover. But the Oklahoma Constitution provides that “the defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact, and shall, at all times, be left to the jury.” Art. 23, § 6. The case was left…
2Cases cited9 opinions
- Frank v. MangumSupreme Court of the United States · 1915
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- Sparf v. United StatesSupreme Court of the United States · 1895
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- Minneapolis & St. Louis Railroad v. BombolisSupreme Court of the United States · 1916
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