Legal Opinion

Foster v. Emery

Supreme Court of Oklahoma

Decided March 14, 1972No. 43481PublishedCited by 6 opinions

1Opinion of the Court

JACKSON, Justice:

This action was brought for damages for the wrongful death of a 15-year old boy, James Anthony Foster, by his mother, Helen Foster, as administratrix of his estate. After verdict and judgment for defendant, Sampson Emery, plaintiff appeals.

In her brief on appeal plaintiff questions the sufficiency of the evidence to take the case to the jury, and the refusal to give certain requested instructions. We will summarize the evidence before discussing the arguments presented.

It is agreed that plaintiff’s decedent, to whom we shall refer as James, was killed by a shot fired by…

2Cases cited6 opinions

  1. The Alabama Great Southern Railroad Company v. Louisville and Nashville Railroad CompanyCourt of Appeals for the Fifth Circuit · 1955
  2. City of Shawnee v. CheekSupreme Court of Oklahoma · 1913
  3. Dunbar v. StateCourt of Criminal Appeals of Oklahoma · 1942
  4. Tyner v. United StatesCourt of Criminal Appeals of Oklahoma · 1909
  5. Bagley Ex Rel. Davis v. Blue Flame Propane Co.Supreme Court of Oklahoma · 1966

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. The Reverend Richmond F. Thweatt, Iii, Father and Next Friend of Richmond F. Thweatt, Iv, a Minor Child v. Dr. Joseph A. Ontko, an IndividualCourt of Appeals for the Tenth Circuit · 1987
  2. AKC ex rel. Carroll v. Lawton Independent School District No. 8District Court, W.D. Oklahoma · 2014
  3. BAILEY v. STATE ex rel. BD. OF TESTS FOR ALCOHOL AND DRUG INFLUENCESupreme Court of Oklahoma · 2022
  4. BAILEY v. STATE ex rel. BD. OF TESTS FOR ALCOHOL AND DRUG INFLUENCESupreme Court of Oklahoma · 2022
  5. Sumner v. Southwestern Bell Yellow Pages, Inc. (In Re Sumner)United States Bankruptcy Court, N.D. Oklahoma · 1990

1 more not listed; retrieve them via the Exa API.

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