Henryetta Coal & Mining Co. v. O'Hara
Supreme Court of Oklahoma
Error from District Court, Okmulgee County; Wade S. Stanfield, Judge. Action by Michael O’Hara . against the Henryetta Coal & Mining Company. Judgment for plaintiff, and defendant brings error.
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Error from District Court, Okmulgee County; Wade S. Stanfield, Judge. Action by Michael O’Hara . against the Henryetta Coal & Mining Company. Judgment for plaintiff, and defendant brings error. This was an action for personal injuries alleged to have been occasioned by the negligence of the plaintiff in error, and the petition, in substance, is as follows-: That the plaintiff below was engaged as assistant mine foreman in the defendant’s mine, and was in the regular prosecution of his duties as such assistant mine foreman. That in performing his duties he was compelled to pass through and…
1Opinion of the Court
Opinion by
DEVEREUX, C.
(after stating the facts as above). A motion has been made in this case to dismiss the appeal because the case-made contains no record of any notice ever having been served upon the defendant in error, or any of his counsel, of the time and place when the case-made would be presented to the trial judge for settlement and signing, because the defendant in error never waived the right of notice of the time and place when the case-made would be presented to the trial judge for settlement, and no amendments to the case-made were suggested by the defendant in error, and no…
2Cases cited14 opinions
- Railroad Co. v. BarronSupreme Court of the United States · 1867
- Waters-Pierce Oil Co. v. DeselmsSupreme Court of the United States · 1909
- Union Pacific Railway Co. v. DundenSupreme Court of Kansas · 1887
- Reed v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Iowa · 1888
- Waters-Pierce Oil Co. v. DeselmsSupreme Court of Oklahoma · 1907
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3Cited by4 opinions
- Sand Springs Park v. SchraderSupreme Court of Oklahoma · 1921
- Boling v. AsbridgeSupreme Court of Oklahoma · 1921
- Clanton v. ChrismanSupreme Court of Oklahoma · 1935
- Shead v. MannSupreme Court of Oklahoma · 1947