Birge-Forbes Co. v. St. Louis & San Francisco Railroad

TALBOT, Associate Justice.

This suit was instituted by the appellant against the appellee to recover $1888, the alleged value of thirty bales of cotton charged to have been destroyed by fire through the negligence of appellee’s agents and servants, while the same were situated on a platform owned by appellee in Francis, Indian Territory. The defendant’s answer was a general denial, contributory negligence and assumed risk. A jury trial resulted in a verdict and judgment for the defendant, from which this appeal is prosecuted.

It was shown that during the years 1905 and 1906 the appellee…