Legal Opinion

Choctaw, Oklahoma & Gulf Railroad v. Deperade

Supreme Court of Oklahoma

Decided February 5, 1903PublishedCited by 3 opinions

Error from the District Court of Canadian County; before CL. F. Irwin, Trial Judge. Action brought in the probate court of Canadian county,, to recover the value of two ’cows and one horse killed by defendant’s train. The case was appealed to the district court, and from a judgment for the plaintiff-in the sum of $150 the-defendant appeals.

1Opinion of the Court

Opinion of the court by

Pancoast, J.:

The record shows that this action was-brought in the probate court of Canadian county against the plaintiff in error to recover the sum of $210, the alleged value-of two cows and one horse killed by defendant’s train. The right of action is based upon sections 1047, 1048 and 1049 off the laws of 1893, which provide that under certain conditions-therein named a railroad company shall be required to build' and maintain a fence along its right of way. The conditions under which a railroad company may be required to build a-fence are, first, that the railroad…

2Cases cited8 opinions

  1. Clark v. SidwaySupreme Court of the United States · 1892
  2. Twiss v. GeorgeMichigan Supreme Court · 1876
  3. Gere v. Council Bluffs Ins.Supreme Court of Iowa · 1885
  4. Filson v. the Territory of OklahomaSupreme Court of Oklahoma · 1901
  5. Coudy v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1884

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Kale v. HumphreySupreme Court of Oklahoma · 1917
  2. Kansas City Southern Railway Company v. EnglishSupreme Court of Oklahoma · 1966
  3. Kansas City Southern Railway Co. v. GirdnerSupreme Court of Oklahoma · 1966

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