Gelruth v. Charles T. Derr Const. Co.
Supreme Court of Oklahoma
Error from District Court, Pottawatomie County; Chas. B. Wilson, Jr., Judge. Act'on by Henry I. Gelruth against the Charles T. Derr Construction Company, Charles T. Derr, and the City of Shawnee. Judgment for defendants, and plaintiff brings error.
1Opinion
On Petition foe Rehearing.
THACKER, C.
The points urged on rehearing were fully considered prior to and in the preparation of the original opinion herein, and all the propositions now urged by defendants are therein, either expressly or by necessary-implication, overruled; but, in deference to the petition for rehearing, we will discuss briefly the principal questions therein urged.
The trial court, in effect, instructed the jury that there was no evidence of negligence, nor recovery allowable, on account of absence of proper shoring up of the wall of the trench, nor evidence that the clod,…
2Cases cited3 opinions
- Chas. T. Derr Construction Co. v. GelruthSupreme Court of Oklahoma · 1911
- Muskogee Electric Traction Co. v. HairelSupreme Court of Oklahoma · 1915
- Ekre v. CainWashington Supreme Court · 1912