Missouri, K. & T. Ry. Co. v. McCoy
Court Of Appeals Of Indian Territory
Error to the United States Court for the Northern District of the Indian Territory; before Justice Luman F. Parker, Jr., May 5, 1906. Action by John W. McCoy and another for killing plaintiffs’ cattle against the Missouri, Kansas & Texas Railway Company. Judgment for plaintiffs, and defendant brings error.
Read the full summary
Error to the United States Court for the Northern District of the Indian Territory; before Justice Luman F. Parker, Jr., May 5, 1906. Action by John W. McCoy and another for killing plaintiffs’ cattle against the Missouri, Kansas & Texas Railway Company. Judgment for plaintiffs, and defendant brings error. On the 8th day of February, 1906, plaintiffs below, defendants in error here, filed their complaint against defendant below, plaintiff in error here, and alleged: That they are citizens of’the Cherokee Nation, and the defendant is a corporation; that on the 14th day of November, 1905,…
1Opinion of the CourtTownsend, J.
(after stating the facts as above). Plaintiff in error has filed three specifications of error, as follows: “(1) The trial court erred in admitting testimony in the direct *291examination of the witness John McCoy, Jr., over the objection and exception of plaintiff in error, as follows: ‘Q. Did the train whistle as it passed that post that day? A. No, sir. Mr. Graves: We object and ask that the court withdraw from the jury the testimony of this witness as to whether or not the train whistled at that whistling post, for the reason that there is no statute requiring trains to whistle at any…
2Cases cited3 opinions
- Stitt v. HuidekopersSupreme Court of the United States · 1873
- Horn v. BaltimoreCourt of Appeals for the Sixth Circuit · 1893
- Chicago, Rock Island & Pacific Railway Co. v. HugginsCourt Of Appeals Of Indian Territory · 1902
3Cited by1 opinion
- Oklahoma Union Ry. Co. v. HoukSupreme Court of Oklahoma · 1924