Cowan v. Atchison, T. & S. F. Ry. Co.
Supreme Court of Oklahoma
Error from District Court, Woodward County; James B. Cullison, Judge. Suit- by Abe Cowan and Hannah E. Cowan against the Atchison, Topeka & Santa Fe Railway Company. 'Special demurrer to amended petition sustained, and case dismissed, and plaintiffs except and bring error.
1Opinion of the Court
Opinion by
POPE, C.
On the 9th day of December, 1912, Abe Cowan instituted this suit against the Atchison, Topeka & Santa Ee Railway Company in the district court of Woodward county to recover damages for the death of his adult son, Adam Cowan, alleged to have been caused by the negligence of the defendant, on the 7th day of May, 1911. On the 26th day of July, 1913, the defendant company demurred to the petition in said cause, setting out as grounds for said demurrer: (1) That the plaintiff had no legal capacity to sue or maintain the alleged cause of action; (2) that there was a defect of…
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