Missouri, Kansas & Texas Railway Co. v. Ward
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Northern • District. Yancey Lewis, Judge. Suit by W. G-. Ward against the Missouri, Kansas & Texas Railway Co. Judgment for plaintiff. Defendant appeals.
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Appeal from the United States Court for the Northern • District. Yancey Lewis, Judge. Suit by W. G-. Ward against the Missouri, Kansas & Texas Railway Co. Judgment for plaintiff. Defendant appeals. This was'an action instituted on the 21st day of March, A. D. 1893, before Joseph G-. Ralls, United States commissioner for the Second judicial division of the Indian Territory, at Atoka, by the plaintiff, alleging that on or about the 21st day of July, 1891, he was the owner of a certain red cherry bull, about 2f years old, of the value of $50, and that the defendant carelessly and negligently,…
1Opinion of the CourtTownsend, J.
( after stating the facts). The evidence in this case shows the bull was killed by an engine or train in the night, and that, at the point where he was killed, the track was clear for a distance of 50 feet on each side of the track, and that the bull could have been seen for a distance from a quarter to one-half of a mile by the engineer had he been on the lookout. These circumstances tended strongly to show negligence, and from which we think the jury could rightfully infer negligence. We think this evidence was properly allowed to go to the jury, and under the charge of the court, which, in…
2Cases cited4 opinions
- Gulf, C. & S. F. Ry. Co. v. EllisCourt of Appeals for the Eighth Circuit · 1893
- Gulf, C. & S. F. R. Co. v. WashingtonCourt of Appeals for the Eighth Circuit · 1892
- Gulf, C. & S. F. Ry. Co. v. JohnsonCourt of Appeals for the Eighth Circuit · 1893
- Gulf, C. & S. F. R. Co. v. EllidgeCourt of Appeals for the Eighth Circuit · 1892
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- Ft. Smith & W. Ry. Co. v. BensonSupreme Court of Oklahoma · 1910
- St. Louis S. F. R. Co. v. FlingSupreme Court of Oklahoma · 1912
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