St. Louis S. F. R. Co. v. Dunham
Supreme Court of Oklahoma
Error from Tillman County .Court; T. E. Campbell, Judge. , Action by Samuel A. Dunham against the St. Louis & San Francisco Railroad Company. Judgment for plaintiff, and defendant brings error.
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Error from Tillman County .Court; T. E. Campbell, Judge. , Action by Samuel A. Dunham against the St. Louis & San Francisco Railroad Company. Judgment for plaintiff, and defendant brings error. This action was originally brought in the justice court by Samuel A. Dunham against the St. Louis & San Francisco Railroad Company for the loss of a shipment of household goods consisting of tableware, books, sewing machine, cooking utensils, bed clothing, and wearing apparel, of the total alleged value of $187.90. Plaintiff obtained judgment in the justice court, and the company appealed to the county…
1Opinion of the Court
Opinion by
HARRISON, C.
(after stating the facts as above). There are three material propositions presented by plaintiff in error as grounds for reversal: First, the incompetency and insufficiency of the testimony as to the value of the articles; second, that suit was brought for conversion, whereas it should have been brought for the damages done to the goods; third, that the court erred in instructing the jury as to the measure of damages.
As to the first proposition, the rule seems to be fairly well settled that the owner of household goods with no fixed market value is competent to testify…
2Cases cited9 opinions
- International & G. N. R'y Co. v. NicholsonTexas Supreme Court · 1884
- Green v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1880
- Fairfax v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1878
- Louisville & Nashville Railroad v. LawsonCourt of Appeals of Kentucky · 1889
- Parmelee v. RaymondAppellate Court of Illinois · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Shikany v. Salt Creek Transp. Co.Wyoming Supreme Court · 1935
- Poteete v. MFA Mutual Insurance CompanySupreme Court of Oklahoma · 1974
- O. K. Transfer & Storage Co. v. NeillSupreme Court of Oklahoma · 1916
- General Finance Corporation v. DillonCourt of Appeals for the Tenth Circuit · 1949
- McIver v. KatsiolisSupreme Court of Oklahoma · 1923
4 more not listed; retrieve them via the Exa API.