Choctaw, Oklahoma & Gulf Railroad v. Nicholas
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Central District. William H. H. Clayton, Judge. 'Action by Scott Nicholas against the Choctaw, Oklahoma & Gulf Railroad Company. Judgment for plaintiff. Defendant appeals.
Read the full summary
Appeal from the United States Court for the Central District. William H. H. Clayton, Judge. 'Action by Scott Nicholas against the Choctaw, Oklahoma & Gulf Railroad Company. Judgment for plaintiff. Defendant appeals. This suit was brought by Scott Nicholas against the Choctaw, Oklahoma & Gulf Railroad Company to recover damages alleged to have been received while in the employ of said company as a coal miner in a mine operated by the defendant in the town of Alderson, Choctaw Nation. Plaintiff alleges that he was injured by the falling of a large amount of slate and stone from the roof of the…
1Opinion of the CourtSpringer, C. J.
The appellant alleges errors as follows: (1) Because the verdict of the jury is not sustained by sufficient evidence, and the proof does not correspond with the allegations contained in the complaint. (2) Because the verdict of the jury is contrary to law. (3) Because the court refused to direct the jury to return a verdict in favor of the defendant. (4) Because the court erred in refusing the instructions asked for by the defendant, and excepted to at the time. (5) Because the court *43erred in giving instructions asked for by the plaintiff and excepted to by defendant. '(6) Because the proof…
2Cases cited1 opinion
- Davenport v. BuffingtonCourt Of Appeals Of Indian Territory · 1898
3Cited by1 opinion
- King v. MayesCourt Of Appeals Of Indian Territory · 1900