Atchison, T. & S. F. Ry. Co. v. Melson
Supreme Court of Oklahoma
Error from District Court, Pottawatomie County; Chas. B. Wilson, Jr., Judge. Action by Mary J. Melson against the Atchison, Topeka & Santa Fe Railway Company. Judgment for plaintiff, and defendant brings error.
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Error from District Court, Pottawatomie County; Chas. B. Wilson, Jr., Judge. Action by Mary J. Melson against the Atchison, Topeka & Santa Fe Railway Company. Judgment for plaintiff, and defendant brings error. This action was brought in the court below by defendant in error, hereinafter called plaintiff, against plaintiff in error, hereinafter called defendant, to recover damages on account of personal injuries plaintiff alleges she received while a passenger upon one of defendant’s passenger trains. Omitting the formal allegations of paragraphs one and two of her complaint, she alleges…
1Opinion of the CourtHayes, C. J.
(after stating the facts as above). The contention of plaintiff is that by reason of the fall she was bruised across the hips and injured in her back, from which subsequently . resulted injury to her kidneys and a stroke of paralysis. The injuries for which she seeks to recover are not such as can be fully observed without a physical examination of plaintiff. Upon this point defendant requested the court to require plaintiff to be physically examined by disinterested physicians, to be agreed upon by the parties to the suit or selected by the court. Upon the court’s being informed that…
Also in this document: Concurrence.
2Cases cited14 opinions
- Union Pacific Railway Co. v. BotsfordSupreme Court of the United States · 1891
- Schroeder v. C. R. I. & P. R.Supreme Court of Iowa · 1877
- Austin & Northwestern Railroad v. CluckTexas Supreme Court · 1903
- Willet v. JohnsonSupreme Court of Oklahoma · 1904
- Trapnell v. City of Red Oak JunctionSupreme Court of Iowa · 1888
9 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Oklahoma Hospital v. BrownSupreme Court of Oklahoma · 1922
- Inter-Ocean Oil Co. v. MarshallSupreme Court of Oklahoma · 1933
- Oklahoma Ry. Co. v. ThomasSupreme Court of Oklahoma · 1917
- St. Louis S. F. R. Co. v. CrinerSupreme Court of Oklahoma · 1913
- Spivey v. AtteberrySupreme Court of Oklahoma · 1951
19 more not listed; retrieve them via the Exa API.