Chicago, R. I. & P. Ry. Co. v. Logan, Snow & Co.
Supreme Court of Oklahoma
Error from District Court, Kingfisher County; C. F. Irwin, Judge. Action by Logan, Snow & Co., against the Chicago, Rock Island & Pacific Railway Company. Judgment for plaintiff, and defendant brings error.
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Error from District Court, Kingfisher County; C. F. Irwin, Judge. Action by Logan, Snow & Co., against the Chicago, Rock Island & Pacific Railway Company. Judgment for plaintiff, and defendant brings error. On the 18th’day of May, A. D. 1905, the defendants in error, as plaintiffs,. commenced this action against the plaintiff in error, as defendant, in the district court of Kingfisher county, territory of Oklahoma, declaring in their petition on three alleged causes of action. In the first count it was alleged: That on the 27th day of May, 1903, the plaintiffs were the owners of certain…
1Opinion of the CourtWilliams, J.
(after stating the facts as above). At the beginning of the trial the question was raised upon whom the burden rested in the trial of said cause, and it appeared that it had been stipulated and agreed between the parties thereto that the value of the goods involved in the action was as alleged in the petition, whereupon the court said: “My judgment is the burden is on the defendant to establish that they were lost in the flood. They plead it was an act of God.” No objection or exception was taken to this ruling of the court, and that amounts, in view of the recitals of the answer, to an…
2Cases cited7 opinions
- Michaels v. New York Central RailroadNew York Court of Appeals · 1864
- Richmond & Danville Railroad v. White & Co.Supreme Court of Georgia · 1892
- St. Louis & S. F. R. Co. v. JamiesonSupreme Court of Oklahoma · 1908
- J. H. Cownie Glove Co. v. Merchants' Dispatch Transportation Co.Supreme Court of Iowa · 1906
- Jackson v. Sacramento Valley RailroadCalifornia Supreme Court · 1863
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Landon v. MoreheadSupreme Court of Oklahoma · 1912
- Chicago, R. I. & P. Ry. Co. v. McKoneSupreme Court of Oklahoma · 1912
- Armstrong, Byrd Co. v. Illinois Cent. R. Co.Supreme Court of Oklahoma · 1910
- Ambrose v. ProvinceSupreme Court of Oklahoma · 1930
- Blumenfeld v. MannSupreme Court of Oklahoma · 1927
5 more not listed; retrieve them via the Exa API.