City of Newkirk v. Dimmers
Supreme Court of Oklahoma
Error from the District Court of Kay Countyj before Bayard T. Haines Trial Judge. STATEMENT OF FACTS This is an action commenced by the defendant in error in the district conrt of Kay county to recover damages for personal injuries alleged to have occurred and been occasioned, by being thrown out of a buggy, in consequence of a defect in the street in the city of Newkirk, in said county.
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Error from the District Court of Kay Countyj before Bayard T. Haines Trial Judge. STATEMENT OF FACTS This is an action commenced by the defendant in error in the district conrt of Kay county to recover damages for personal injuries alleged to have occurred and been occasioned, by being thrown out of a buggy, in consequence of a defect in the street in the city of Newkirk, in said county. The petition alleges: . “That oil or about the 13th day ol May, 1902, and for a long time prior thereto, with the knowledge of the officers and agents of the said defendent city of Newkirk, a deep ditch had…
1Opinion of the Court
Opinion of the court by
Gillette, J.:
There are many assignments of error set forth in the motion for a new trial and petition in error which have manifestly been abandoned by the plaintiff in error, as only four propositions are discussed in its brief, the first being refusal of the court to give instructions asked by the plaintiff in error.
Second: Excessive verdict, appearing to have been given under the influence of passion and prejudice.
Third: Error on the part of the court in propounding certain questions to a witness introduced on behalf of the plaintiff in error, which tended to reflect…
2Cited by11 opinions
- Brownell v. MooreheadSupreme Court of Oklahoma · 1917
- Empire Oil & Refining Co. v. FieldsSupreme Court of Oklahoma · 1940
- Durell v. Public Service Co. of OklahomaSupreme Court of Oklahoma · 1935
- St. Louis S. F. R. Co. v. ClampittSupreme Court of Oklahoma · 1915
- Aetna Life Ins. Co. v. KramerSupreme Court of Oklahoma · 1917
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