Lane v. Choctaw, Oklahoma & Gulf Railroad
Supreme Court of Oklahoma
Error from the District Court of Pottawatomie County; before B. F. Burwell, Trial Judge. STATEMENT OE THE CASE. Tbe plaintiff in error, L. C. Lane, commenced Ms action in tbe district court of Pottawatomie county against the Choctaw, Oklahoma & Gulf E. E. Co. for the purpose of recovering damages for injuries alleged to Have been caused by the negligence of the denfendanffs servants in the operation of a railway train upon which he was a passenger in May, 1902. The Choctaw,…
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Error from the District Court of Pottawatomie County; before B. F. Burwell, Trial Judge. STATEMENT OE THE CASE. Tbe plaintiff in error, L. C. Lane, commenced Ms action in tbe district court of Pottawatomie county against the Choctaw, Oklahoma & Gulf E. E. Co. for the purpose of recovering damages for injuries alleged to Have been caused by the negligence of the denfendanffs servants in the operation of a railway train upon which he was a passenger in May, 1902. The Choctaw, Oklahoma & Gulf Eailroad Company was at the time a common carrier of freight and passengers by steam railway between the…
1Opinion of the Court
Opinion of the court by
Burford, C. J.:
We are advised that the trial court held, as a matter of law, that by going into the baggage compartment and riding there the plaintiff was guilty of such negligence per se as would prevent a recovery of damages. Preliminary to a discussion of this question, there are some questions of practice which arose upon the trial that should be settled.
The plaintiff filed an original, a first, and second amended petition. In the original petition it is averred that the train upon which plaintiff took passage was a mixed train, composed of one passenger coach, one…
2Cases cited65 opinions
- Chicago & Alton Railroad v. FisherIllinois Supreme Court · 1892
- Maguire v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1874
- Day v. . BachNew York Court of Appeals · 1881
- Mecham v. McKayCalifornia Supreme Court · 1869
- Willis v. . Long Island Railroad CompanyNew York Court of Appeals · 1866
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3Cited by27 opinions
- Rogers, County Treasurer v. Bass Harbour Co.Supreme Court of Oklahoma · 1915
- Sartain v. WalkerSupreme Court of Oklahoma · 1916
- Muskogee Electric Traction Co. v. McIntireSupreme Court of Oklahoma · 1913
- Knupp v. HubbardSupreme Court of Oklahoma · 1928
- Cushing Gasoline Co. v. HutchinsSupreme Court of Oklahoma · 1923
22 more not listed; retrieve them via the Exa API.