Waters-Pierce Oil Co. v. Deselms
Supreme Court of Oklahoma
Error from the District Court of Logan County; before Jno. H. Burford, Trial Judge. STATEMENT OP PACTS. 'This action was commenced in- the district court of Logan county by the defendant in error, Albert B. Deselms, against the plaintiff in error The Waters-Pierce Oil Company to recover damages for the death of his wife and two children, occasioned as alleged by the wrongful and gross negligence of the plaintiff in error. ‘ The petition alleges that The Waters-Pierce Oil…
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Error from the District Court of Logan County; before Jno. H. Burford, Trial Judge. STATEMENT OP PACTS. 'This action was commenced in- the district court of Logan county by the defendant in error, Albert B. Deselms, against the plaintiff in error The Waters-Pierce Oil Company to recover damages for the death of his wife and two children, occasioned as alleged by the wrongful and gross negligence of the plaintiff in error. ‘ The petition alleges that The Waters-Pierce Oil Company, at and previous to the 28th day of January, 1903. was engaged in the business of a jobber or wholesaler of eoai…
1Opinion of the Court
Opinion of the court by
Gillette, J.:
We have set forth the foregoing unusually elaborate statement of facts, because it is manifest the fact is one which must be determined almost exclusively from circumstantial evidence.
The first objection urged by the plaintiff in error for a reversal of the judgment rendered in the cause, is the claimed insufficiency of the evidence to support the verdict and judgment, and under this head it is argued:
“That the plaintiff’s case is not made by showing the negligent admixture and his purchase of a portion of that mixture. He also takes the burden of proving…
2Cases cited3 opinions
- Ellis v. Republic Oil Co.Supreme Court of Iowa · 1906
- Brown v. PiperSupreme Court of the United States · 1875
- Bangs v. PotterMassachusetts Supreme Judicial Court · 1883
3Cited by23 opinions
- Arizona Binghampton Copper Co. v. DicksonArizona Supreme Court · 1921
- Fairbanks, Morse & Co. v. GambillTennessee Supreme Court · 1919
- Sand Springs Park v. SchraderSupreme Court of Oklahoma · 1921
- Lopez v. TownsendNew Mexico Supreme Court · 1938
- Weleetka Cotton Oil Co. v. BrookshireSupreme Court of Oklahoma · 1917
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