Oklahoma Gas & Electric Co. v. Lukert
Supreme Court of Oklahoma
Error from, the District Court of Oklahoma County; before B. F. Burwell, Trial Judge. STATEMENT OF FACTS, This was an action commenced in the district court.of Oklahoma county, by the plaintiff, Myrtle Lukert, against the Oklahoma Gas & Electric Company, a corporation.
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Error from, the District Court of Oklahoma County; before B. F. Burwell, Trial Judge. STATEMENT OF FACTS, This was an action commenced in the district court.of Oklahoma county, by the plaintiff, Myrtle Lukert, against the Oklahoma Gas & Electric Company, a corporation. In her petition the plaintiff alleges that on the 16th day of November, 1900, one George Lukert, husband of the plaintiff, was killed by the negligence of the defendant, the Oklahoma Gas & Electric Company; that no administrator, or executor, or other personal representative had ever been appointed to administer upon the estate…
1Opinion of the Court
Opinion of the court by
Irwin, J.:
The first assignment of error relied upon by ' plaintiff in error for a reversal of this case is:
“The court erred in overruling the objection of the plaintiff in error to the admission of any evidence in the case, for the reason the petition does not state facts sufficient to constitute a cause of action.”
This is urged upon two grounds, marked in plaintiff in error’s brief “A” and “B”. The ground indicated by the letter “B” is: “The petition of the defendant in error contained no prayer for relief or judgment.” The original petition in this case contained the…
2Cases cited4 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- St. Louis, I. M. & S. Ry. Co. v. NeedhamCourt of Appeals for the Eighth Circuit · 1892
- East Line & Red River Railway Co. v. CulbersonTexas Supreme Court · 1887
3Cited by16 opinions
- Atchison, T. & S. F. Ry. Co. v. PhillipsSupreme Court of Oklahoma · 1932
- Big Jack Mining Co. v. ParkinsonSupreme Court of Oklahoma · 1913
- C. E. Sharp Lumber Co. v. Kansas Ice Co.Supreme Court of Oklahoma · 1914
- Chicago, R. I. & P. Ry. Co. v. NagleSupreme Court of Oklahoma · 1916
- Chicago, R. I. & P. Ry. Co. v. SmithSupreme Court of Oklahoma · 1932
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