James v. Trustees of Wellston Township
Supreme Court of Oklahoma
Error from the District Court of Lincoln County; before John H. Burford, Trial Judge. STATEMENT OE FACTS. This was an action brought in the district court of Lincoln county by the plaintiff in error against the defendant in error, to recover the sum of $5055.00 for injuries sustained in a runaway accident on the 3rd of April, 1905. The petition alleges that the accident was caused, and the injuries complained of, sustained by reason of a defective highway of defendant…
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Error from the District Court of Lincoln County; before John H. Burford, Trial Judge. STATEMENT OE FACTS. This was an action brought in the district court of Lincoln county by the plaintiff in error against the defendant in error, to recover the sum of $5055.00 for injuries sustained in a runaway accident on the 3rd of April, 1905. The petition alleges that the accident was caused, and the injuries complained of, sustained by reason of a defective highway of defendant township. ■ A demurrer was interposed to the petition in the court below, and was sustained by that court. The plaintiff in…
1Opinion of the Court
Opinion of the court by
Irwin, J.:
As the main point in contention in this case is as to liability of a township for failure and neglect of its officers in failing to keep in repair the roads and bridges in the township, and as the petition in this case places plaintiff’s right to recover solely upon this ground, it will be unnecessary to set out the petition in full. The objection raised by the defendant in error in the court below to plaintiff’s right to recover, was that the petition stated no cause of action. It was contended by the plaintiff that as the law invested the corporate trustees…
2Cases cited25 opinions
- Ford v. Kendall Bor. Sch. DistrictSupreme Court of Pennsylvania · 1888
- Beach v. LeahySupreme Court of Kansas · 1873
- Town of Waltham v. KemperIllinois Supreme Court · 1870
- Board of Commissioners v. AllmanIndiana Supreme Court · 1895
- Jansen v. City of AtchisonSupreme Court of Kansas · 1876
20 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
- Consolidated School District No. 1 v. WrightSupreme Court of Oklahoma · 1927
- Hershel v. University Hospital FoundationSupreme Court of Oklahoma · 1980
- Henry v. Oklahoma Turnpike AuthoritySupreme Court of Oklahoma · 1970
- Wilson v. Gipson Ex Rel. GipsonSupreme Court of Oklahoma · 1988
21 more not listed; retrieve them via the Exa API.