Legal Opinion

Atchison, T. & S. F. Ry. Co. v. Cogswell

Supreme Court of Oklahoma

Decided February 2, 1909No. 919, Ind. TPublishedCited by 35 opinions

Error from the United States Court for the Northern District of the Indian Territory; Joseph A. Gill, Judge. Action by Jud Cogswell against the Atchison, Topeka & Santa Fe Railway Company.

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Error from the United States Court for the Northern District of the Indian Territory; Joseph A. Gill, Judge. Action by Jud Cogswell against the Atchison, Topeka & Santa Fe Railway Company. Judgment for plaintiff, and defendant brought error to the United States Court of-Appeals in the Indian Territory, and plaintiff filed a cross-bill, and the cause was from that court transferred to the Supreme Court of Oklahoma under the enabling act (Act June 16, 1906, c. 3335, 34 Stat. 267). This action was brought by Jud Cogswell, plaintiff, against the Atchison, Topeka & Santa Fe Railway Company,…

1Opinion of the CourtHayes, J.

(after stating the facts as above). Plaintiff in error has made 27 assignments of error in its petition, but all may be considered under two propositions. The issues of fact, including the alleged acts of negligence on the part of the 'railway company, were found by the jury in favor of defendant in error.

The first proposition to be determined is whether the facts found constitute in law negligence in the railway company as against defendant in error. Defendant in error on the 28th day of December, 1906, went, after night, to defendant’s depot in Bartlesville to meet a passenger by the name…

2Cases cited24 opinions

  1. Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
  2. Bennett v. Railroad Co.Supreme Court of the United States · 1881
  3. Kennon v. GilmerSupreme Court of the United States · 1889
  4. Blunt v. LittleU.S. Circuit Court for the District of Massachusetts · 1822
  5. Benson v. Baltimore Traction Co.Court of Appeals of Maryland · 1893

19 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Post v. LunneySupreme Court of Florida · 1972
  2. Julian v. Sinclair Oil & Gas Co.Supreme Court of Oklahoma · 1934
  3. St. Louis S. F. R. Co. v. HodgeSupreme Court of Oklahoma · 1916
  4. Midland Valley R. Co. v. LittlejohnSupreme Court of Oklahoma · 1914
  5. Wilhelm v. Missouri, O. & G. Ry. Co.Supreme Court of Oklahoma · 1915

30 more not listed; retrieve them via the Exa API.

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