Southwestern Development Co. v. Boyd
Court Of Appeals Of Indian Territory
Error to tbe United States Court for the Central District of Indian Territory; before Justice T. C. Humphry, October 18, 1905. Personal injury action by Isaac Boyd against the Southwestern Development Company. From a judgment for plaintiff, defendant brings error. On September 7, 1905, the plaintiff below, defendant in error here, filed his complaint against the defendant, the Southwestern Development Company, plaintiff in error here.
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Error to tbe United States Court for the Central District of Indian Territory; before Justice T. C. Humphry, October 18, 1905. Personal injury action by Isaac Boyd against the Southwestern Development Company. From a judgment for plaintiff, defendant brings error. On September 7, 1905, the plaintiff below, defendant in error here, filed his complaint against the defendant, the Southwestern Development Company, plaintiff in error here. Subsequently the original complaint was amended, and the amended complaint alleges that the plaintiff was a freedman of ‘the Choctaw Nation, Ind. Ter., and that…
1Opinion of the CourtTownsend, J.
(after stating the facts as above). The plaintiff in error has filed eight assignments of error, the first of which is as follows: “Whilst defendant in error, the first witness on the stand in the trial of this case, was being cross-examined by counsel, the trial court undertook to' determine the law of the case without ever having heard the facts. The court at that time, amongst other things, stated: ‘The holding of the court will be that, if the negligence of the company put danger in the mine, and this man had to go, or believed he had to go, it makes no difference whether he took the…
2Cases cited20 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Indiana Car Co. v. ParkerIndiana Supreme Court · 1885
- Mad River & Lake Erie Railroad v. BarberOhio Supreme Court · 1856
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