Texas, O. & E. R. Co. v. McCarroll
Supreme Court of Oklahoma
Error from District Court, McCurtain County; C. E. Dudley, Judge. Action by Harvey L. MeCarroll, a minor, by his next friend, L. D. MeCarroll, against the Texas, Oklahoma & Eastern Railway Company for personal injuries. Judgment for plaintiff, and defendant brings error. Plaintiff commenced this action by his next friend against defendant to recover damages on account of its engine running over and cutting off bis arm.
Read the full summary
Error from District Court, McCurtain County; C. E. Dudley, Judge. Action by Harvey L. MeCarroll, a minor, by his next friend, L. D. MeCarroll, against the Texas, Oklahoma & Eastern Railway Company for personal injuries. Judgment for plaintiff, and defendant brings error. Plaintiff commenced this action by his next friend against defendant to recover damages on account of its engine running over and cutting off bis arm. The record shows that on September 17, 1914, plaintiff was over 15 years of age; that deféndant owned and operated a railroad in connection with its Lumber camp; that after the…
1Opinion of the CourtRamsey, J.
(after stating the case). Defendant contends that the plaintiff was either a bare licensee or trespasser; that he was of sufficient age to be charged, as a matter of law, with having assumed the risk incident to the dangerous position he occupied on the pilot step of the engine at the time the watchman moved the engine, and that, being a trespasser or licensee, it owed him no duty except that it should not wantonly or willfully injure him, and should exercise ordinary care not to injure him after discovering him in a perilous position. Defendant contends that the watchman’s conduct in…
2Cases cited20 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Means v. Southern California Railway Co.California Supreme Court · 1904
- Bowler v. O'ConnellMassachusetts Supreme Judicial Court · 1894
- Atchison, T. & S. F. Ry. Co. v. CogswellSupreme Court of Oklahoma · 1909
- Arkansas & Louisiana Railway Co. v. SainSupreme Court of Arkansas · 1909
15 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Brown v. NicholsonSupreme Court of Oklahoma · 1997
- Black v. GeisslerSupreme Court of Oklahoma · 1916
- Julian v. Sinclair Oil & Gas Co.Supreme Court of Oklahoma · 1934
- Gypsy Oil Co. v. GinnSupreme Court of Oklahoma · 1923
- Jenkins v. DavisSupreme Court of Oklahoma · 1925
11 more not listed; retrieve them via the Exa API.