Legal Opinion

Pitman v. City of El Reno

Supreme Court of Oklahoma

Decided September 8, 1894PublishedCited by 7 opinions

Error from the District Court of Canadian County. Action for personal injury. Moses Pitman filed bis complaint against the city of El Reno, on'the 15 th day of February, 1893, praying for damages, in the sum of <¡>10,000, resulting from personal injuries received on account of a defective sidewalk in the city of El Reno. Plaintiff introduced his testimony and rested his case.

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Error from the District Court of Canadian County. Action for personal injury. Moses Pitman filed bis complaint against the city of El Reno, on'the 15 th day of February, 1893, praying for damages, in the sum of <¡>10,000, resulting from personal injuries received on account of a defective sidewalk in the city of El Reno. Plaintiff introduced his testimony and rested his case. The defendant filed a demurrer; the demurrer was sustained by the court; plaintiff excepted and brings the case to this court on error. The question of contributory negligence should have been submitted to the jury. It…

1Opinion of the Court

The opinion of the court was delivered by

Scott, J.:

This is an action for damages for personal injuries, alleged to have resulted from a defective sidewalk in the city of El Reno, on the 12th day of September, 1893. Judgment for $10,000 is prayed for. The case was tried in the district court of Canadian county, on tbe 14th day of December, 1893. The jury was empaneled on the 14th day of December, 1893, and the plaintiff introduced all his testimony and rested. Thereupon, the defendant filed a demurrer to the evidence, which was sustained by the court. The case comes to this court on error. The…

2Cases cited10 opinions

  1. Lindley v. KelleyIndiana Supreme Court · 1873
  2. City of Aurora v. HillmanIllinois Supreme Court · 1878
  3. Strough v. GearIndiana Supreme Court · 1874
  4. Henkes v. City of MinneapolisSupreme Court of Minnesota · 1890
  5. Whittaker v. Inhabitants of West BoylstonMassachusetts Supreme Judicial Court · 1867

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3Cited by7 opinions

  1. Miller v. PriceSupreme Court of Oklahoma · 1934
  2. St. Louis S. F. R. Co. v. LongSupreme Court of Oklahoma · 1913
  3. Ladow v. Oklahoma Gas & Elec. Co.Supreme Court of Oklahoma · 1911
  4. Marth v. City of KingfisherSupreme Court of Oklahoma · 1908
  5. Randolph v. HudsonSupreme Court of Oklahoma · 1903

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