McCabe & Steen Construction Co. v. Wilson
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE TERRITORY OF OKLAHOMA, On June 9, 1902, Wilson, the defendant in error, was injured by the giving way of a railroad bridge across the Canadian River in the Territory of Oklahoma. The bridge was. on a new line of railroad, which was being constructed from Oklahoma City to Quanah, Texas.
Read the full summary
ERROR TO THE SUPREME COURT OP THE TERRITORY OF OKLAHOMA, On June 9, 1902, Wilson, the defendant in error, was injured by the giving way of a railroad bridge across the Canadian River in the Territory of Oklahoma. The bridge was. on a new line of railroad, which was being constructed from Oklahoma City to Quanah, Texas. The petition, filed October 18, 1902, in the District Court of the Third Judicial District, sitting in and for the county of Oklahoma, charged that the defendant, now plaintiff in error, was a subcontractor and constructing a portion of the railroad, including therein the…
1Opinion of the CourtJustice Brewer
When the plaintiff rested the court overruled a demurrer to the evidence. This ruling, however, cannot avail the defendant, whatever the defects then in the case, for thereafter it proceeded to introduce testimony in its own behalf, and this waived any supposed error. Accident Insurance Company v. Crandal, 120 U. S. 529, 530; Robertson v. Perkins, 129 U. S. 233, 236; Bogk v. Gassert, 149 U. S. 17, 23; Campbell v. Haverhill, 155 U. S. 610.
The petition averred that one Pratt was defendant’s superintendent of construction and one Fallahey foreman of the gang engaged in work on the bridge, and…
2Cases cited4 opinions
- Campbell v. HaverhillSupreme Court of the United States · 1895
- Bogk v. GassertSupreme Court of the United States · 1893
- Union Pacific Railway Co. v. O'BrienSupreme Court of the United States · 1896
- Robertson v. PerkinsSupreme Court of the United States · 1889
3Cited by23 opinions
- Cramer v. United StatesSupreme Court of the United States · 1945
- McCann v. Texas City Refining, Inc.Court of Appeals for the Fifth Circuit · 1993
- Beutler v. Grand Trunk Junction Railway Co.Supreme Court of the United States · 1912
- Edwards v. United StatesCourt of Appeals for the Eighth Circuit · 1925
- Harrington v. United StatesCourt of Appeals for the Eighth Circuit · 1920
18 more not listed; retrieve them via the Exa API.