St. Louis & S. F. R. Co. v. Jamieson
Supreme Court of Oklahoma
Okla. T. Error from District Court, Washita County; before James K. Beauchamp, Judge. Action by H. L. Jamieson against the St. Louis & San Francisco EailroacT Company. Judgment for plaintiff and defendant brings error. This action was begun in the district court of Washita county, territory of Oklahoma, on the 5th day of September, 1904. On the 20th day of March, 1905, plaintiff filed his first amended petition, upon which the cause was tried.
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Okla. T. Error from District Court, Washita County; before James K. Beauchamp, Judge. Action by H. L. Jamieson against the St. Louis & San Francisco EailroacT Company. Judgment for plaintiff and defendant brings error. This action was begun in the district court of Washita county, territory of Oklahoma, on the 5th day of September, 1904. On the 20th day of March, 1905, plaintiff filed his first amended petition, upon which the cause was tried. For his first count he alleges that on or about the 7th day of July, 1904, plaintiff delivered to the defendant, as a common carrier for hire, certain…
1Opinion of the CourtWilliaMS, C. J.
The defendant insists that the lower court should have sustained its demurrer to the evidence or granted its motion for a peremptory instruction. In order to recover it was necessary for the plaintiff to prove that the defendant received the property alleged to have been injured or lost in good condition, and that when delivered to the consignee it was • damaged. The. fact of loss and damage is not seriously denied, but it is contended that the record does not show that the goods, when delivered to the initial carrier, were in good condition.
The bill of lading issued by the Chicago, Rock…
2Cases cited4 opinions
- Savannah, Florida & Western Railway Co. v. HarrisSupreme Court of Florida · 1890
- Southern Express Co. v. HessSupreme Court of Alabama · 1875
- Missouri Pacific R'y Co. v. BreedingCourt of Appeals of Texas · 1890
- Gulf Colorado & Santa Fe Railroad v. JonesCourt Of Appeals Of Indian Territory · 1896
3Cited by14 opinions
- Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
- Sartain v. WalkerSupreme Court of Oklahoma · 1916
- Anthony v. BlissSupreme Court of Oklahoma · 1913
- Scott v. MooreSupreme Court of Oklahoma · 1915
- Chicago, R. I. & P. Ry. Co. v. Logan, Snow & Co.Supreme Court of Oklahoma · 1909
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