Davis v. Fry
Supreme Court of Oklahoma
Error from the District Court of Blaine County; before James K. Beauchamp, Trial Judge. STATEMENT OE FACTS. This action was originally commenced in the probate court of Blaine county and after trial and judgment therein appealed to the district court.
Read the full summary
Error from the District Court of Blaine County; before James K. Beauchamp, Trial Judge. STATEMENT OE FACTS. This action was originally commenced in the probate court of Blaine county and after trial and judgment therein appealed to the district court. It appears from the pleadings in the case that at the time of commencing the action the plaintiff was the lessee of the northwest quarter of the northwest quarter of section seventeen, township sixteen, range eleven, Blaine county, Oklahoma Territory, and at' the time of the injury complained of had growing thereon a crop of corn. The defendant,…
1Opinion of the Court
Opinion of the court by
Gillette, J.:
This case comes to this court upon a question of law applicable to the facts found and determined by the court below.
It is contended by the plaintiff in error that the injury complained of does not constitute a legal injury under the law. The Statutes of this Territory contain no provision which assists in the analysis of the proposition here submitted. Sections 4052 to 4062, general Statutes of 1893, defining eas-ments and servitudes, their creation and abolishment, contain no provsions which throw any light upon the subject' here under investigation; the…
2Cases cited4 opinions
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- McDaniel v. CummingsCalifornia Supreme Court · 1890
- Ogburn v. ConnorCalifornia Supreme Court · 1873
- Yellow Medicine County Bank v. WigerSupreme Court of Minnesota · 1894
3Cited by18 opinions
- Oklahoma Water Resources Board v. Central Oklahoma Master Conservancy DistrictSupreme Court of Oklahoma · 1969
- Thompson v. AndrewsSouth Dakota Supreme Court · 1917
- Chicago, R. I. & P. Ry. Co. v. GrovesSupreme Court of Oklahoma · 1908
- Chicago, R. I. & P. Ry. Co. v. JohnsonSupreme Court of Oklahoma · 1910
- Popham v. HolloronMontana Supreme Court · 1929
13 more not listed; retrieve them via the Exa API.