Missouri, K. & O. R'y Co. v. Ferguson
Supreme Court of Oklahoma
Error from District Court, Logan County; John H. Burford, Judge. Action for injury to animal by Joel Ferguson against the Missouri, Kansas & Oklahoma Railroad Company. Judgment for plaintiff. Defendant brings error. On April 30, 1904, Joel Ferguson, defendant in error, plaintiff below, sued the Missouri, Kansas & Oklahoma Railroad Company, plaintiff in error, defendant below, hereafter called plaintiff and defendant, before a justice of the peace in Logan county, Okla.
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Error from District Court, Logan County; John H. Burford, Judge. Action for injury to animal by Joel Ferguson against the Missouri, Kansas & Oklahoma Railroad Company. Judgment for plaintiff. Defendant brings error. On April 30, 1904, Joel Ferguson, defendant in error, plaintiff below, sued the Missouri, Kansas & Oklahoma Railroad Company, plaintiff in error, defendant below, hereafter called plaintiff and defendant, before a justice of the peace in Logan county, Okla. T., in damages for injury to an animal in the sum of $75, which was appealed to the district court of Logan county, and on…
1Opinion of the Court
Turner, <7.
(after stating the'facts as above) . Among the several assignments of error the onty one necessary for us to consider is whether the court erred in excluding the testimony offered by defendant, to the effect that the negligence complained of was of an independent contractor. If defendant was not chargeable with the negligence of its independent contractor under the circumstances, then the testimony should have been admitted, otherwise not. In other words, does the doctrine of respondeat superior apply in this case? If it does, the testimony was properly excluded. If it does not, it…
2Cases cited15 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- City of Logansport v. DickIndiana Supreme Court · 1880
- Wabash, St. Louis & Pacific Railway Co. v. FarverIndiana Supreme Court · 1887
- Ryan v. CurranIndiana Supreme Court · 1878
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3Cited by10 opinions
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- Chas. T. Derr Construction Co. v. GelruthSupreme Court of Oklahoma · 1911
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- Oklahoma City v. CapleSupreme Court of Oklahoma · 1940
- Pressley v. Incorporated Town of SallisawSupreme Court of Oklahoma · 1916
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