Legal Opinion

Missouri, K. & T. Ry. Co. v. Wilcox

Supreme Court of Oklahoma

Decided February 6, 1912No. 1560PublishedCited by 10 opinions

Error from Osage County Court; C. T. Bennett, Judge. ■ Action by Harvey Wilcox against the Missouri, Kansas & Texas Railway Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

Opinion by

ROBERTSON, C.

On May 20, 1908, defendant in error, who was plaintiff below, brought suit in the county court of Osage county to recover $300 as damages for the loss of two horses, killed by the train of plaintiff in error, who was defendant below, and for the further sum of $300 as exemplary damages. The petition charges that the horses were killed in November, 1905, and that “the said agents, servants, and employees of the defendant, without attempting to slow down said engine and train of cars so as to prevent collision with said horses, carelessly, recklessly, and willfully, and…

2Cases cited4 opinions

  1. Young v. WhittenhallSupreme Court of Kansas · 1875
  2. City of Phillipsburg v. KincaidCourt of Appeals of Kansas · 1897
  3. York-Ritchie Exchange & Investment Co. v. MitchellCourt of Appeals of Kansas · 1897
  4. School District No. 1 v. HerrCourt of Appeals of Kansas · 1897

3Cited by10 opinions

  1. Waugh v. Guthrie Gas, Light, Fuel & Improvement Co.Supreme Court of Oklahoma · 1913
  2. Board of Education of Duncan v. JohnstonSupreme Court of Oklahoma · 1941
  3. Martin v. GassertSupreme Court of Oklahoma · 1914
  4. Raymer v. Comley Lumber Co.Supreme Court of Oklahoma · 1934
  5. Deetz v. Cobbs & Mitchell Co.Oregon Supreme Court · 1926

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