Annear v. Swartz
Supreme Court of Oklahoma
Emr from District Court, Major County; Jas. B. Cullison, Judge. . Action by W. J. Annear, an infant under the age of 21 years, by Esther E. Annear, his next friend, against D. L. R. Swartz. Judgment for defendant, and plaintiff brings error.
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Emr from District Court, Major County; Jas. B. Cullison, Judge. . Action by W. J. Annear, an infant under the age of 21 years, by Esther E. Annear, his next friend, against D. L. R. Swartz. Judgment for defendant, and plaintiff brings error. The joetition alleges, in substance, that on the 3d day of March, 1911, the defendant carelessly, negligently, and recklessly pointed toward the plaintiff a- loaded shotgun, and so carelessly, negligently, and recklessly handled the gun that he caused the same to be discharged at the plaintiff, by which the plaintiff was wounded in the ankle so severely…
1Opinion of the Court
DEVBREUX, C.
(after stating the facts as above). There is a large amount of testimony in the record, but it is not necessary to be stated, for, as decided by the' Supreme Court of this state, in Scully v. Williamson, 26 Okla. 19, 108 Pac. 395, 27 L. R. A. (N. S.) 108, Ann. Cas. 1912A, 1265:
“When a demurrer to the evidence is interposed, it must be taken that he who interposes it admits all the facts which the evidence in the slightest degree tends to prove, and all the inferences or conclusions which may be reasonably and logically drawn therefrom, and the court will not weigh conflicting…
2Cases cited6 opinions
- Scully v. WilliamsonSupreme Court of Oklahoma · 1910
- Morgan v. CoxSupreme Court of Missouri · 1856
- Judd v. BallardSupreme Court of Vermont · 1894
- Sutton v. BonnettIndiana Supreme Court · 1888
- McCleary v. FrantzSupreme Court of Pennsylvania · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Prickett v. Sulzberger & Sons Co.Supreme Court of Oklahoma · 1916
- Corn v. SheppardSupreme Court of Minnesota · 1930
- Carter Oil Co. v. JohnstonSupreme Court of Oklahoma · 1953
- Koontz v. WhitneyWest Virginia Supreme Court · 1930
- Jones v. RedfordSupreme Court of Oklahoma · 1969
7 more not listed; retrieve them via the Exa API.