Missouri, Kansas & Texas Railway Co. v. Webb
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Central District of the Indian Territory; before Justice Thos. C. Humphry May 17, 1905. - Action by Doc Webb against the Missouri, Kansas & Texas Railway Company. From a judgment for plaintiff, defendant appeals.
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Appeal from the United States Court for the Central District of the Indian Territory; before Justice Thos. C. Humphry May 17, 1905. - Action by Doc Webb against the Missouri, Kansas & Texas Railway Company. From a judgment for plaintiff, defendant appeals. On November 24, 1903, this cause was instituted in the mayor’s court of the city of Durant, I. T. On December 17, 1903, plaintiff filed an amended complaint”, and alleged that on or about the 17th day of August, 1903, about 4 o'clock p. m., the south-bound passenger train of defendant,' in the town of Sterrett, I. T., negligently and…
1Opinion of the CourtTownsend, J.
(after stating the facts). We have the evidence contained in this record carefully. The deposition of James Dishman was introduced by the plaintiff (appellee): “At the time the horse was killed I was walking north on the new railroad track, about two-thirds of the distance from the depot to the dirt-road crossing north of the depot. When the horse was killed he was at the dirt-road crossing (i. e., where the dirt road crosses the railroad). He was attempting to cross the track, but on seeing the train coming turned south, either on or immediately alongside of the track, and was struck by the…
2Cases cited1 opinion
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