Legal Opinion

Atchison, T. & S. F. Ry. Co. v. Fenton

Supreme Court of Oklahoma

Decided December 21, 1915No. 4833, 4832PublishedCited by 9 opinions

Error from County Court, Kay County; Claude Duval, Judge. Action by George S. Fenton against the Atchison, Topeka & Santa Fe Railway Company. Judgment for plaintiff. On death of plaintiff appeal by defendant was dismissed and Laura J. Fenton, administratrix of the estate of George S. Fenton, deceased, was substituted as plaintiff. Also action by the administratrix against , the Atchison, Topeka & Santa Fe Railway Company and others.

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Error from County Court, Kay County; Claude Duval, Judge. Action by George S. Fenton against the Atchison, Topeka & Santa Fe Railway Company. Judgment for plaintiff. On death of plaintiff appeal by defendant was dismissed and Laura J. Fenton, administratrix of the estate of George S. Fenton, deceased, was substituted as plaintiff. Also action by the administratrix against , the Atchison, Topeka & Santa Fe Railway Company and others. From adverse judgments, defendants bring error.

1Opinion of the Court

Opinion by

CROW, C.

The original action, out of which these two appeals arose was commenced by George S. Fenton in the justice court of Kay county on April 23, 1909, to recover the sum of $100 for the alleged negligent killing of a horse by the defendant railway company. A judgment was obtained by the plaintiff, and the defendant duly perfected its appeal to the county court. The plaintiff obtaining judgment in the county court, the defendant in due time perfected its appeal to the Supreme Court of this state, by filing in said court on April 18, 1910, its petition in error with case-made…

2Cases cited5 opinions

  1. Glazier Ex Rel. Estate of Glazier v. HeneybussSupreme Court of Oklahoma · 1907
  2. Dempsey v. Township of OswegoCourt of Appeals for the Eighth Circuit · 1892
  3. Smalley v. BowlingSupreme Court of Kansas · 1902
  4. Hester v. GilbertSupreme Court of Oklahoma · 1914
  5. Atchison, T. & S. F. Ry. Co. v. FentonSupreme Court of Oklahoma · 1912

3Cited by9 opinions

  1. Jones v. NyeSupreme Court of Oklahoma · 1916
  2. Drew v. ThurlwellSupreme Court of Oklahoma · 1935
  3. Buckholts v. WrightSupreme Court of Oklahoma · 1939
  4. Scott v. JoinesSupreme Court of Oklahoma · 1918
  5. Burgess v. WardSupreme Court of Oklahoma · 1934

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