Choctaw, Oklahoma & Gulf R. R. Co. v. Alexander
Supreme Court of Oklahoma
Error from the District Court■ of Oldahoiva County; before J. R. Keaton, District Judge. STATEMENT OP PACTS. Action by Tony Alexander against tbe Cboctow, Oklahoma & Gulf Railway Company. A demurrer to the answer was sustained, and defendant brings error.
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Error from the District Court■ of Oldahoiva County; before J. R. Keaton, District Judge. STATEMENT OP PACTS. Action by Tony Alexander against tbe Cboctow, Oklahoma & Gulf Railway Company. A demurrer to the answer was sustained, and defendant brings error. Tbe plaintiff, defendant in error here, brought suit against tbe Choctaw, Oklahoma & Gulf Railroad company, to recover damages, upon tbe first cause of action, for destroying bay and corn valued at $185, by permitting fire to- escape from tbe engine of tbe company. Tbe fire communicated with tbe premises of plaintiff, and then and there…
1Opinion of the Court
Opinion of the court by
McAtee, J.:
The principle question presented was whether a railroad company lawfully engaged in running its trains in Oklahoma Territory is liable for damages by fire originating from its engines, in a case where it is conceded that the railroad company was not negligent, and that the engine from which the fire escaped was perfect in construction and condition, with all appliances of the latest and most approved pattern to prevent the escape of fire, and the engine managed by a skillful and competent engineer and fireman, and the fire conceded to be purely accidental and…
2Cases cited12 opinions
- St. Louis & San Francisco Railway Co. v. MathewsSupreme Court of the United States · 1897
- Ex parte BurrU.S. Circuit Court for the District of District of Columbia · 1823
- Hadden v. CollectorSupreme Court of the United States · 1867
- Hoge v. NortonSupreme Court of Kansas · 1879
- Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Schaff v. CoyleSupreme Court of Oklahoma · 1925
- Sunlight Carbon Co. v. St. Louis & S. F. R.Court of Appeals for the Eighth Circuit · 1926
- Territory of Oklahoma Ex Rel. Jones v. HopkinsSupreme Court of Oklahoma · 1899
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. ChappellIndiana Supreme Court · 1914
- Walker v. EikleberrySupreme Court of Oklahoma · 1898
2 more not listed; retrieve them via the Exa API.