Atchison, T. & S. F. Ry. Co. v. Robinson
Supreme Court of Oklahoma
Error from District Court, Lincoln County. John J. Carney, Assigned Judge. Action by C. E. Robinson against the Atchison, Topeka & Santa Fe Railway Company. Judgment for plaintiff, and defendant brings error.
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Error from District Court, Lincoln County. John J. Carney, Assigned Judge. Action by C. E. Robinson against the Atchison, Topeka & Santa Fe Railway Company. Judgment for plaintiff, and defendant brings error. This action was begun June 29, 1908, in the district court of Lincoln county, by C. E. Robinson against the Atchison, Topeka & Santa Ee Railway Company for damages done to á certain race mare, Nancy Alden, shipped with some other race horses from Kansas City, Mo., to Lawrence, Kan., in September, 1907. The substance of plaintiff’s petition is: In September, 1907, plaintiff had the horses…
1Opinion of the Court
Opinion by
PIARRISON, C.
(after stating the facts as above). Numerous errors are assigned by appellant, but all are disposed of under the two general propositions, viz.: First, whether the railway company was entitled to judgment on the pleadings, having set up a written contract the execution of which was not denied under oath; second, were the provisions in the written contract valid and were they binding on the shipper?. As to the first proposition, the plaintiff did not rely on a written contract of any character, nor did he sue for violations of the terms of a written contract, but alleged…
2Cases cited15 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Bostwick v. . Baltimore and Ohio R.R. Co.New York Court of Appeals · 1871
- Flesher v. CallahanSupreme Court of Oklahoma · 1912
- Chicago, R. I. & P. Ry. Co. v. SpearsSupreme Court of Oklahoma · 1912
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Allen v. Oklahoma CitySupreme Court of Oklahoma · 1935
- Murray v. Ætna Life Ins.District Court, D. Montana · 1916
- Howard v. Illinois Central RailroadCourt of Appeals of Kentucky · 1914
- St. Louis S. F. R. Co. v. MountsSupreme Court of Oklahoma · 1914
- Baltimore & Ohio Railroad v. LeachCourt of Appeals of Kentucky · 1917
5 more not listed; retrieve them via the Exa API.