St. Louis S. F. R. Co. v. Hardesty
Supreme Court of Oklahoma
Error from Tulsa County Court; N. J. Gubser,, Judge.' Action by E. E. Hardesty against the St. Louis & San Erancisco Railroad Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
Opinion by
ROSSER, C.
This was an action by E. E. Hardesty against the St. Louis & San Erancisco Railroad Company to recover damages for the killing of certain hogs by one of the defendant’s trains.
The court instructed the jury, in substance, that it was the duty of the engineer and fireman in charge, of the train to keep a sharp and vigilant lookout for live stock on the track, and, in effect, instructed them that it was the duty of the defendant to use reasonable care to discover animals on the track. This instruction is assigned as error.
The hogs were killed in Tulsa county. There is no…
2Cases cited5 opinions
- Atchison, T. & S. F. Ry. Co. v. Davis & YoungSupreme Court of Oklahoma · 1910
- St. Louis S. F. R. Co. v. BrownSupreme Court of Oklahoma · 1912
- Missouri, K. & T. Ry. Co. v. SavageSupreme Court of Oklahoma · 1912
- Atchison, T. & S. F. Ry. Co. v. WardSupreme Court of Oklahoma · 1911
- St. Louis S. F. R. Co. v. LittleSupreme Court of Oklahoma · 1912
3Cited by2 opinions
- St. Louis S. F. R. Co. v. SmithSupreme Court of Oklahoma · 1913
- Missouri, K. & T. Ry. Co. v. RainesSupreme Court of Oklahoma · 1916