Legal Opinion

Missouri, O. & G. Ry. Co. v. West

Supreme Court of Oklahoma

Decided July 6, 1915No. 3225Published

Error from District Court, Coal County; R. M. Rainey, Judge. Action by Robert T. West against the Missouri, Oklahoma & Gulf Railway Company. Judgment for plaintiff, and defendant brings error.

1Opinion

ON petition for rehearing.

Opinion by

DEVEREUX, C.

The first ground argued in the petition for rehearing is the refusal of the court below to allow secondary evidence of the contract with William Kenefeck Company to be introduced.

Under the facts as set out in the original opinion, we are entirely satisfied that the opinion of this court was right upon this point, and cite as additional authorities in support of what is there decided: Simpson v. Dall, 3 Wall. 460, 18 L. Ed. 265; First Greenleaf on Ev. section 556; 2 Wigmore on Ev. p. 1407; Richardson v. Fellner, 9 Okla. 513, 60 Pac. 270; Landon…

2Cases cited14 opinions

  1. Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
  2. Neeley v. Southwestern Cotton Seed Oil Co.Supreme Court of Oklahoma · 1903
  3. Harris v. Misssouri, K. & T. Ry. Co.Supreme Court of Oklahoma · 1909
  4. Richardson v. FellnerSupreme Court of Oklahoma · 1900
  5. Missouri, K. & T. Ry. Co. v. ShepherdSupreme Court of Oklahoma · 1908

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