St. Louis S. F. R. Co. v. Stacy
Supreme Court of Oklahoma
Error from Superior Court, Muskogee County; Farrar L. McCain, Judge. Action by Betty Alexander, revived after appeal in the name of Irving Stacy, her administrator, against the St. Louis & San Francisco Railroad Company, for personal injuries. Judgment for plaintiff, and defendant brings error.
1Opinion
On Rehearing.
2Per curiam
After oral argument and a careful examination of the record upon petition for rehearing, the court is satisfied that the judgment of the court below was properly reversed by the commission on account of improper remarks of counsel for plaintiff in his argument to the jury. We are unable, however, to concur in that part of the opinion which holds that it was error for the trial court to refuse to give the following instruction requested by counsel for defendant:
“You are instructed that if you believe and find from the evidence that plaintiff was not assisting in the loading of the…
3Cases cited2 opinions
- Atchison, T. & S. F. Ry. Co. v. CogswellSupreme Court of Oklahoma · 1909
- Union Pacific Railway Co. v. EvansNebraska Supreme Court · 1897