Legal Opinion

Ft. Smith W. R. Co. v. Ketis

Supreme Court of Oklahoma

Decided July 12, 1910No. 446PublishedCited by 12 opinions

Error from District Court, Logan County; John II. Burford, Judge. Action by John Ketis against the Ft. Smith & Western Eail-road Company. From a judgment in favor of plaintiff, defendant brings error. Defendant in error, hereinafter called plaintiff, brought this action in the district court of Logan county against plaintiff in error, hereinafter called defendant, to recover damages for certain alleged personal injuries.

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Error from District Court, Logan County; John II. Burford, Judge. Action by John Ketis against the Ft. Smith & Western Eail-road Company. From a judgment in favor of plaintiff, defendant brings error. Defendant in error, hereinafter called plaintiff, brought this action in the district court of Logan county against plaintiff in error, hereinafter called defendant, to recover damages for certain alleged personal injuries. He alleges that on the 2d day of November, 1903, he was in the employment of defendant for hire and reward, and was engaged in the work of loading dirt and earth into cars of…

1Opinion of the CourtHayes, J.

(after stating the facts as above). The first assignment of error urged goes to the action of the court in overruling a motion by defendant to require plaintiff to make his petition more definite and certain. The alleged defects in the petition pointed «out by the motion are that the petition fails to state the name of the person who directed plaintiff, .while he was engaged in performing for defendant the services set forth in the petition, and fails to state in what capacity the agent, foreman, or employee of the company who had charge and supervision of the work being performed by…

2Cases cited12 opinions

  1. Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
  2. Taylor v. Evansville & Terre Haute RailroadIndiana Supreme Court · 1889
  3. Finalyson v. Utica Mining & Milling Co.Court of Appeals for the Eighth Circuit · 1895
  4. Gulf, C. & S. F. Ry. Co. v. JacksonCourt of Appeals for the Eighth Circuit · 1894
  5. Collins v. Inhabitants of GreenfieldMassachusetts Supreme Judicial Court · 1898

7 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Cosden Pipe Line Co. v. BerrySupreme Court of Oklahoma · 1922
  2. Eisminger v. BemanSupreme Court of Oklahoma · 1912
  3. Schaff v. CoyleSupreme Court of Oklahoma · 1925
  4. Union Coal Co. v. WooleySupreme Court of Oklahoma · 1915
  5. City of Chickasha v. LooneySupreme Court of Oklahoma · 1912

7 more not listed; retrieve them via the Exa API.

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