Legal Opinion

Boise v. Atchison, Topeka & Santa Fe Railway Co.

Supreme Court of Oklahoma

Decided September 3, 1897PublishedCited by 1 opinion

Error from the District Court of Logan County; before Frank Dale, District Judge. STATEMENT OP THE CASE. Tbis action was 'brought by the plaintiff in error, who was also plaintiff below, to recover damages against the defendant railway company, alleged by him to have been sustained while driving across the track of the company in Noble county.

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Error from the District Court of Logan County; before Frank Dale, District Judge. STATEMENT OP THE CASE. Tbis action was 'brought by the plaintiff in error, who was also plaintiff below, to recover damages against the defendant railway company, alleged by him to have been sustained while driving across the track of the company in Noble county. The plaintiff alleged that he was violently struck by the locomotive of the railway company on November 24, 1893, and sustained serious and permanent injuries which he charged to be due to the negligence of the defendant. The defendants pleaded a…

1Opinion of the Court

Opinion of the court by

McAtee, J.:

The testimony shows that one of the injuries complained of by the plaintiff, was a sore upon his ankle or the lower part of his leg, which was not healed at the time of the taking of the testimony.

The deposition of one Dr. Frame, a physician residing in Orlando, Logan county, was taken on the 28th day of April, 1895, in which it -was shown that the witness was sick in bed and unable to attend court and that it was his belief that he would be unable to attend court for at least six weeks from that time. He testified that on the 28th day of April, 1895, the…

2Cases cited5 opinions

  1. The SamuelSupreme Court of the United States · 1816
  2. Jackson ex dem. Montresor v. RiceNew York Supreme Court · 1829
  3. Emlaw v. EmlawMichigan Supreme Court · 1870
  4. Weed v. KelloggU.S. Circuit Court for the District of Michigan · 1853
  5. Sax & Bros. v. DavisSupreme Court of Iowa · 1887

3Cited by1 opinion

  1. Brison v. McKellopSupreme Court of Oklahoma · 1914

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