Buss v. Chicago, R. I. & P. R. Co.
Supreme Court of Oklahoma
Error from District Court, Stephens County; Cham. Jones, Judge. Action by Marie Buss, administratrix of the estate of John Buss, deceased, against the Chicago, Rock Island & Pacific Railway Company for damages. Judgment for defendant on demurrer to plaintiff’s evidence, and plaintiff' brings error.
1Opinion of the CourtOwen, C. J.
John Buss, while working as a section hand for the railway company, was walking along the east side of the main track, and in attempting to cross the track in front of one of defendant’s passenger trains was struck by the engine, receiving injuries from which he died. The trial court sustained a demurrer to the evidence offered on the part of plaintiff and the question for determination is whether there was sufficient proof of primary negligence on the part of defendant to take the case, to the jury.
The allegations of negligence charge that the passenger train was being run at a dangerous and…
2Cases cited11 opinions
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Denver City Tramway Co. v. CobbCourt of Appeals for the Eighth Circuit · 1908
- Ponca City Ice Co. v. RobertsonSupreme Court of Oklahoma · 1917
- Atchison, T. & S. F. Ry. Co. v. BakerSupreme Court of Oklahoma · 1908
- Phoenix Printing Co. v. DurhamSupreme Court of Oklahoma · 1912
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- City of Sapulpa v. DeasonSupreme Court of Oklahoma · 1920
- Chicago, R. I. & P. Ry. Co. v. SmithSupreme Court of Oklahoma · 1932
- Chicago, R. I. & P. Ry. Co. v. WainscottSupreme Court of Oklahoma · 1924
- O'Neil v. VieSupreme Court of Oklahoma · 1923
- Sand Springs Railway Co. v. McWilliamsSupreme Court of Oklahoma · 1934
12 more not listed; retrieve them via the Exa API.