Purcell Mill & Elevator Co. v. Kirkland
Court Of Appeals Of Indian Territory
Appeal from the United States court for the Southern district. C. B. Kilgore, Judge. Action by George W. Kirkland against the Purcell Mill & Elevator Company. Judgment for plaintiff. Defendant appeals.
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Appeal from the United States court for the Southern district. C. B. Kilgore, Judge. Action by George W. Kirkland against the Purcell Mill & Elevator Company. Judgment for plaintiff. Defendant appeals. This was an action brought by the plaintiff below; ap-pellee here, to recover the sum of §25,000 damages for personal injuries sustained by him while in the employ of the defendant below, appellant here; which injuries, it is alleged, were caused by the negligence of the defendant because of the failure to provide for him proper implements, machinery, etc., with which to perform his work. We do…
1Opinion of the CourtClayton, J.
In this jurisdiction the statute governing appeals does not require that any assignments of error shall be filed. It does provide, however, that a motion for new trial must be filed, and passed on by the court below, and be brought up to this court by the bill of exceptions, and, when so brought up, it answers the purpose of an assignment of errors. In this case the motion for new trial is as follows: “ The defendant moves for a new trial, because —First. The verdict is not sustained by the evidence. Second. The verdict is contrary to law. Third. The court erred in overruling the demurrer to…
2Cases cited11 opinions
- Edmonds v. StateSupreme Court of Arkansas · 1879
- Burriss v. WiseSupreme Court of Arkansas · 1839
- Oliver v. StateSupreme Court of Arkansas · 1879
- Stillwell v. BadgettSupreme Court of Arkansas · 1860
- Gatlin v. WilcoxSupreme Court of Arkansas · 1870
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3Cited by4 opinions
- Medlin Milling Co. v. MimsCourt of Appeals of Texas · 1914
- Stout v. MottSupreme Court of Oklahoma · 1924
- Milby & Dow Coal & Mining Co. v. BallaCourt Of Appeals Of Indian Territory · 1907
- Whitehead v. BreckenridgeCourt Of Appeals Of Indian Territory · 1904