Legal Opinion

Missouri, Kansas & Texas Railway Co. v. Wilder

Court Of Appeals Of Indian Territory

Decided October 26, 1899PublishedCited by 1 opinion

Appeal from the United States court for the Northern District. W. M. Springer, Judge. Action by William R. Wilder against the Missouri, Kansas & Texas Railway Company. Judgment for plaintiff. Defendant appeals.

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Appeal from the United States court for the Northern District. W. M. Springer, Judge. Action by William R. Wilder against the Missouri, Kansas & Texas Railway Company. Judgment for plaintiff. Defendant appeals. On the 19th day of July, 1895, amended complaint in this action was filed by the plaintiff below (appellee here) against the defendant below (appellant here,) in which it was alleged that on September 23, 1891, the plaintiff was the owner and was in possession of certain buildings in the town of Choteau, Ind. T., containing a livery stable, grocery store, butcher shop, and various…

1Opinion of the CourtTownsend, J.

We have examined the voluminous record in this case with close attention, as well as the briefs and arguments of counsel, and at the outset are constrained to say that there is very great doubt in our opinion as to the origin of that fire. It appears that this case was tried before a jury, and resulted in a mistrial, by failure of the jury to agree. It was tried again, and withdrawn by reason of the sickness of a juror, and on this the third trial a verdict was for plaintiff (the appellee here.) It also appears that several other suits have been instituted, growing out of that fire, against…

2Cases cited17 opinions

  1. United States v. RossSupreme Court of the United States · 1876
  2. Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
  3. Life Insurance v. TerrySupreme Court of the United States · 1873
  4. Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
  5. Baltimore & Susquehanna Rail Road v. WoodruffCourt of Appeals of Maryland · 1853

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3Cited by1 opinion

  1. City of Boulder v. StewardsonColorado Court of Appeals · 1914

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