St. Louis S. F. R. Co. v. Bruner
Supreme Court of Oklahoma
Error from District Court,* Creek County; Wade S. Stanfield, Judge. Action by Mollie Bruner against the St. Louis & San Francisco Railroad Company, judgment for plaintiff, and defendant appeals. This was an action for damages, alleged to have been caused by the negligence of the plaintiff in error, occurring at a grade crossing at Hickory street,; one of the streets in th§ city of Sapulpa.
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Error from District Court,* Creek County; Wade S. Stanfield, Judge. Action by Mollie Bruner against the St. Louis & San Francisco Railroad Company, judgment for plaintiff, and defendant appeals. This was an action for damages, alleged to have been caused by the negligence of the plaintiff in error, occurring at a grade crossing at Hickory street,; one of the streets in th§ city of Sapulpa. The petition is in the usual form, and, in the view we take of the case, need not be set out. The answer was a general denial, alleged contributory negligence, and as a fifth defense set up: . “Fifth. That…
1Opinion of the Court
Opinion by
DEVEREUX, C.
(after stating the facts as above). The defendant below set out a copy of the release purporting to be signed by the plaintiff, and alleged that it was executed by her. The reply was not verified, and therefore admitted the execution of the written instrument. Rev. Laws 1910, sec. 4759, provides:
“In all actions, allegations of the execution of written instruments and indorsements thereon * * * shall be taken as true unless the denial of the same be verified by the affidavit of the party, his agent or attorney.”
In construing this statute, it is held in Harwick v.…
2Cases cited44 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- The Propeller Genesee Chief v. FitzhughSupreme Court of the United States · 1852
- German Alliance Insurance v. Home Water Supply Co.Supreme Court of the United States · 1912
- Southern Development Co. v. SilvaSupreme Court of the United States · 1888
- Joplin Mercantile Co. v. United StatesSupreme Court of the United States · 1915
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3Cited by31 opinions
- Conwill v. EldridgeSupreme Court of Oklahoma · 1918
- Florida East Coast Railway Co. v. ThompsonSupreme Court of Florida · 1927
- Fry v. WolfeSupreme Court of Oklahoma · 1924
- Lusk v. WhiteSupreme Court of Oklahoma · 1916
- Peoples Finance & Thrift Co. v. FerrierSupreme Court of Oklahoma · 1942
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