St. Louis S. F. R. Co. v. Mounts
Supreme Court of Oklahoma
Brror from District Court, Tillman County; Action by John H. Mounts against the St. Louis & San Erancisco Railroad Company, for the value of a stallion alleged to have been negligently killed in transit in an interstate shipment. Judgment for plaintiff for $1,200, and defendant brings error.
1Opinion of the Court
Opinion by
THACKER, C.
Plaintiff in error will be designated as defendant, and defendant in error as plaintiff, in accord with their respective titles in the trial court.
The essential facts, when not stated, are necessarily presupposed by the propositions stated and the questions discussed in this opinion, and will therefore be understood.
Under section 3898, St. Okla. 1893, and section 4268, St. Okla. 1890 (sections 4681 and 6740, Rev. Laws 1910), a right of action is assignable unless arising out of a pure tort; and, in the present case, where the right is to recover of a common carrier for…
2Cases cited43 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- Prigg v. PennsylvaniaSupreme Court of the United States · 1842
- Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
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3Cited by8 opinions
- Western Union Telegraph Co. v. Bank of SpencerSupreme Court of Oklahoma · 1916
- Erisman v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1917
- Gouge v. HogeSupreme Court of Oklahoma · 1950
- St. Louis, I. M. & S. Ry. Co. v. McNabbSupreme Court of Oklahoma · 1916
- First & Old Detroit Nat. Bank v. HollomanSupreme Court of Oklahoma · 1922
3 more not listed; retrieve them via the Exa API.