Legal Opinion

Smith v. Chicago, R. I. & P. Ry. Co.

Supreme Court of Oklahoma

Decided July 28, 1914No. 2888PublishedCited by 24 opinions

Error from District Court, Seminole County; Tom D. McKeown, Judge. Action by Mary Smith, widow, and others against the Chicago, Rock Island & Pacific Railway Company, for wrongful death. Judgment for defendant, and plaintiffs bring error.

1Opinion of the Court

Opinion by

HARRISON, C.

The deceased, Charles IT. Smith, was a porter on a Rock Island passenger train running from Amarillo, Téx., to Shawnee, Okla. It is alleged in the petition that on the night of the 14th of December, 1907, at between one and two o’clock a. m. of such date, just as the train was pulling into the town of Choctaw, the deceased, in the performance of his duty as porter in attempting to open the door of the vestibule on one of the coaches preparatory to the alighting of the passengers, fell out of the train, breaking both of his legs, and sustaining other injuries, from which…

2Cases cited3 opinions

  1. Waldele v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1884
  2. Smith v. Territory of OklahomaSupreme Court of Oklahoma · 1902
  3. Jones v. StateCourt of Appeals of Texas · 1886

3Cited by24 opinions

  1. Ponca City Ice Co. v. RobertsonSupreme Court of Oklahoma · 1917
  2. Prickett v. Sulzberger & Sons Co.Supreme Court of Oklahoma · 1916
  3. St. Louis & S. F. R. Co. v. FickSupreme Court of Oklahoma · 1915
  4. Benton v. RegeserArizona Supreme Court · 1919
  5. Schaff v. CoyleSupreme Court of Oklahoma · 1925

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