Legal Opinion
Chicago, R.I. P. Ry. Co. v. Westheimer Daube
Supreme Court of Oklahoma
Decided May 12, 1914No. 3610PublishedCited by 8 opinions
Error from District Court, Carter County; Action by Westheimer & Daube against the Chicago,'Rock Island & Pacific Railway Company. Judgment for plaintiffs, and defendant brings error.
1Opinion of the Court
This was an action for damages on account of stock killed by one of the plaintiff in error's trains. The charging part of the petition, after alleging ownership and number of cattle and their value, proceeds:
"The said cattle were being pastured by the plaintiffs near the right of way of the defendant's railroad, about a mile west of the town of Russet, Johnston county, Okla. That the defendant's agents and employees carelessly, negligently, and wrongfully, allowed the fence inclosing the right of way, which also inclosed the pasture in which the plaintiff's cattle were being pastured to be…
2Cases cited6 opinions
- Atchison, T. & S. F. Ry. Co. v. Davis & YoungSupreme Court of Oklahoma · 1910
- Big Jack Mining Co. v. ParkinsonSupreme Court of Oklahoma · 1913
- Missouri, K. & T. Ry. Co. v. SavageSupreme Court of Oklahoma · 1912
- Atchison, T. & S. F. Ry. Co. v. HendersonSupreme Court of Oklahoma · 1910
- St. Louis S. F. R. Co. v. SteeleSupreme Court of Oklahoma · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- New v. ElliottSupreme Court of Oklahoma · 1922
- Missouri, K. T. R. Co. v. MinorSupreme Court of Oklahoma · 1917
- Missouri, K. T. R. Co. v. BandySupreme Court of Oklahoma · 1919
- Missouri, K. & T. Ry. Co. v. BoxSupreme Court of Oklahoma · 1915
- Missouri, K. & T. Ry. Co. v. RainesSupreme Court of Oklahoma · 1916
3 more not listed; retrieve them via the Exa API.