Kilpatrick v. Choctaw, Oklahoma & Gulp Railroad
Court Of Appeals Of Indian Territory
Appeal from the United States court for the Central district. William EL EE. Clayton, Judge. Action, by Minnie Kilpatrick and others against the Choctaw, Oklahoma & Gulf Railroad Company. Judgment for defendant. Plaintiffs appeal. This was an action brought by the appellants (plaintiffs below) against the appellee (defendant below) for damages for the killing of R. E. Kilpatrick, husband of the plaintiff Minnie Kilpatrick.
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Appeal from the United States court for the Central district. William EL EE. Clayton, Judge. Action, by Minnie Kilpatrick and others against the Choctaw, Oklahoma & Gulf Railroad Company. Judgment for defendant. Plaintiffs appeal. This was an action brought by the appellants (plaintiffs below) against the appellee (defendant below) for damages for the killing of R. E. Kilpatrick, husband of the plaintiff Minnie Kilpatrick. Plaintiffs allege in their amended complaint filed September 30, 1898, that the said R. E. Kilpatrick was in the employ of the appellee as a brakeman on one of its freight…
1Opinion of the CourtTownsend, C. J.
The appellants have filed 10 specifications of error, but the agreement entered into between the parries at the trial in the court below reduced the question at issue as to defendant’s negligence to very narrow limits. Said issue is as follows: “It was agreed by the parties in open court that the court should submit to the jury, if he did submit the case, the sole question as to whether or not the failure to block its frogs was an act of negligence on the part of the defendant.” This was the only question, undoubtedly, that the court below considered in arriving at the conclusion from the…
2Cases cited3 opinions
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- Southern Pacific Co. v. SeleySupreme Court of the United States · 1894
- Dunlap v. Northeastern RailroadSupreme Court of the United States · 1889
3Cited by2 opinions
- Kilpatrick v. Choctaw, O. & G. R.Court of Appeals for the Eighth Circuit · 1903
- Wabash R. v. KithcartCourt of Appeals for the Eighth Circuit · 1906