Chicago, R. I. & P. Ry. Co. v. Wehrman
Supreme Court of Oklahoma
Error from District Court, Garfield County; M. G. Garber, Judge. Action by Eritz Wehrman against the Chicago, Rock Island &' Pacific Railvray Company. Judgment for plaintiff, and defendant brings error. This action was commenced bjr defendant in error, hereinafter called plaintiff, in the district’court of Garfield county, on April 20, 1905, before the admission of the state, against the Chicago, Rock Island & Pacific Railway Company, plaintiff in error, defendant below.
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Error from District Court, Garfield County; M. G. Garber, Judge. Action by Eritz Wehrman against the Chicago, Rock Island &' Pacific Railvray Company. Judgment for plaintiff, and defendant brings error. This action was commenced bjr defendant in error, hereinafter called plaintiff, in the district’court of Garfield county, on April 20, 1905, before the admission of the state, against the Chicago, Rock Island & Pacific Railway Company, plaintiff in error, defendant below. Plaintiff alleged in his petition that, on or about the 27th day of October, 1904, he delivered to defendant certain…
1Opinion of the CourtHayes, J.
(after stating the facts as above). The first point of contention between counsel is as to who has upon him the burden of proving the cause of the injury to the live stock. But it is unnecessary to determine this question; for, whether the burden be upon plaintiff to show negligence of the company, or upon the company to exonerate itself from liabilit3r, we think there is sufficient evidence in the record to authorize submitting the ease to the jury. We do not concur with defendant’s contention that there is no evidence fairly and reasonably tending to establish that the loss occurred from…
2Cases cited13 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Peterson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of the United States · 1907
- Donlon Bros. v. Southern Pacific Co.California Supreme Court · 1907
- Pierce v. Southern Pacific Co.California Supreme Court · 1898
- Alair v. Northern Pacific RailroadSupreme Court of Minnesota · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- St. Louis S. F. R. Co. v. ZickafooseSupreme Court of Oklahoma · 1913
- Missouri, K. & T. Ry. Co. v. WalkerSupreme Court of Oklahoma · 1911
- St. Louis S. F. R. Co. v. BilbySupreme Court of Oklahoma · 1913
- Anderson v. StateSupreme Court of Oklahoma · 1914
- Missouri, K. & T. Ry. Co. v. HancockSupreme Court of Oklahoma · 1910
8 more not listed; retrieve them via the Exa API.