Legal Opinion

Enid Electric & Gas Co. v. Decker

Supreme Court of Oklahoma

Decided September 17, 1912No. 1674PublishedCited by 9 opinions

Brror from District Court, Garfield County; M. C. Garber, Judge. Action by Chester A. Decker against the Enid Electric & 'Gas Company. Judgment for plaintiff, and defendant brings ■error.

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Brror from District Court, Garfield County; M. C. Garber, Judge. Action by Chester A. Decker against the Enid Electric & 'Gas Company. Judgment for plaintiff, and defendant brings ■error. This action was begun April 3, 1909, in the district court of 'Garfield county, by Chester A. Decker against the Enid Electric & Gas Company, for damages caused by the explosion of an oil tank on the night of December 28, 1908. The company answered 'by general denial and by pleading contributory negligence and assumption of risk, and further pleading settlement in full with plaintiff for the injuries…

1Opinion of the Court

Opinion by

HARRISON, C.

(after stating the facts as above). The first contention, of plaintiff in error is that the court erred in overruling defendant’s demurrer to the petition; the grounds of the demurrer being: First, that the petition failed to state facts sufficient to constitute a cause of action. Second, that several causes of action are improperly joined. We cannot agree with counsel that the petition fails to state a cause of action. It alleges the plaintiff’s employment and of what his duties consisted under same; shows the character of the machinery and appliances which it was his…

2Cases cited10 opinions

  1. St. Louis S. F. Ry. Co. v. RichardsSupreme Court of Oklahoma · 1909
  2. Bedford Belt Railway Co. v. BrownIndiana Supreme Court · 1895
  3. Elliff v. Oregon R. & N. Co.Oregon Supreme Court · 1909
  4. Haley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
  5. Millen v. Pacific Bridge Co.Oregon Supreme Court · 1908

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

3Cited by9 opinions

  1. St. Louis S. F. R. Co. v. LongSupreme Court of Oklahoma · 1913
  2. Seay v. PlunkettSupreme Court of Oklahoma · 1914
  3. Anderson v. KelleySupreme Court of Oklahoma · 1916
  4. Quapaw Mining Co. v. CogburnSupreme Court of Oklahoma · 1920
  5. Lowenstein v. HolmesSupreme Court of Oklahoma · 1913

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

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