Legal Opinion

St. Louis S. F. R. Co. v. Davis

Supreme Court of Oklahoma

Decided June 11, 1913No. 2726PublishedCited by 2 opinions

Error from District Court, Lincoln County; Roy Hoffman, Judge. Action by Eugenia Davis against the St. Louis & San Francisco Railroad Company to recover damages for personal injuries. Judgment for plaintiff, and defendant brings'error.

1Opinion of the Court

Opinion by

ROBERTSON, C.

There is a motion by defendant in error to dismiss this appeal, which must be sustained.

The petition in error does not assign as error the overruling of the motion for a new trial, and, therefore, no question is properly presented in this court to review errors alleged to have occurred during the progress of the trial in the court below. Hunter v. Hines, 33 Okla. 590, 127 Pac. 286; Burrus v. Funk, 29 Okla. 677, 119 Pac. 976; Meyer v. James, 29 Okla. 7, 115 Pac. 1016; Martin v. Gassert, 17 Okla. 177, 87 Pac. 586.

The appeal, therefore, should be dismissed.

By the Court: It…

2Cases cited4 opinions

  1. Martin v. GassertSupreme Court of Oklahoma · 1906
  2. Meyer v. JamesSupreme Court of Oklahoma · 1911
  3. Burrus v. FunkSupreme Court of Oklahoma · 1911
  4. Hunter v. HinesSupreme Court of Oklahoma · 1912

3Cited by2 opinions

  1. Murray v. TeapeSupreme Court of Oklahoma · 1949
  2. Tulsa Fuel & Mfg. Co. v. McCartySupreme Court of Oklahoma · 1915

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