St. Louis S. F. R. Co. v. Higgs
Supreme Court of Oklahoma
Error from County Court, McCurtain County; T. J. Barnes, Judge. Action by PI. A. Higgs against the St. Louis & San Eran-cisco Railroad Company. ' Judgment for plaintiff, and defendant brings error. This action was commenced before a justice of the peace in McCurtain county, asking for damages against the railroad company.
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Error from County Court, McCurtain County; T. J. Barnes, Judge. Action by PI. A. Higgs against the St. Louis & San Eran-cisco Railroad Company. ' Judgment for plaintiff, and defendant brings error. This action was commenced before a justice of the peace in McCurtain county, asking for damages against the railroad company. The material part of the bill of particulars is as follows: “That on the morning of the 15th day of February, 1911, the west-bound passenger train, run and operated by said Frisco Railroad Company, ran over and killed one hog belonging to said plaintiff, Pliggs, about 300…
1Opinion of the Court
Opinion by
RITTENHOUSE, C.
(after stating the facts as above). Plaintiff in error will be designated as defendant, and defendant in error will be designated as plaintiff, in accord with their relative titles in the trial court.
At the close of the evidence offered by plaintiff, a demurrer was filed on behalf of the railroad company -raising the proposition of whether a railroad company is liable for injury to hogs, where the only act or omission alleged or proved, is the failure to maintain a right of way fence. This was overruled. At the close of the evidence, the defendant moved for a…
2Cases cited10 opinions
- Atchison, T. & S. F. Ry. Co. v. Davis & YoungSupreme Court of Oklahoma · 1910
- St. Louis S. F. R. Co. v. BrownSupreme Court of Oklahoma · 1912
- Missouri, K. & T. Ry. Co. v. SavageSupreme Court of Oklahoma · 1912
- Atchison, T. & S. F. Ry. Co. v. HendersonSupreme Court of Oklahoma · 1910
- Atchison, T. & S. F. Ry. Co. v. WardSupreme Court of Oklahoma · 1911
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ft. Smith W. R. Co. v. DixonSupreme Court of Oklahoma · 1915
- Missouri, K. & T. Ry. Co. v. RainesSupreme Court of Oklahoma · 1916
- Chicago, R. I. & P. Ry. Co. v. DyeSupreme Court of Oklahoma · 1915
- Kansas City Southern Railway Company v. EnglishSupreme Court of Oklahoma · 1966
- Schaff v. TinkleSupreme Court of Oklahoma · 1923
5 more not listed; retrieve them via the Exa API.