Legal Opinion

Lindsay v. Chicago, R. I. & P. Ry. Co.

Supreme Court of Oklahoma

Decided March 7, 1916No. 5152PublishedCited by 5 opinions

Error from District Court, Le Flore County; W. H. Brown, Judge. Action by Florida Lindsay, administratrix, against the Chicago, Rock Island & Pacific Railway Company. Judgment for defendant, and plaintiff brings error.

1Opinion of the Court

Opinion by

COLLIER, C.

This is an action brought by plaintiff -in error, as administratrix of the estate of James Lindsay, deceased, against the defendant in error, to recover damages for the death of plaintiff’s intestate, an employee engaged in interstate commerce at the time he received the injury which resulted in his death. This appeal is upon a transcript, and the material part of the record to be reviewed is the petition arid demurrer thereto. The salient point in the petition is. found in the fourth paragraph thereof, which paragraph reads as follows:

“That on or about the 1st of July,…

2Cases cited5 opinions

  1. Partee v. St. Louis & S. F. R. Co.Court of Appeals for the Eighth Circuit · 1913
  2. Tucker v. HudsonSupreme Court of Oklahoma · 1913
  3. Mitchell v. RipleyCourt of Appeals of Kansas · 1897
  4. Winfree v. Northern Pac. Ry. Co.Court of Appeals for the Ninth Circuit · 1909
  5. Lake Shore & M. S. Ry. Co. v. DylinskiAppellate Court of Illinois · 1896

3Cited by5 opinions

  1. Kimberly v. DeWittCourt of Civil Appeals of Oklahoma · 1980
  2. Seaboard Air-Line Railway v. BrooksSupreme Court of Georgia · 1921
  3. Weatherman v. Victor Gasoline Co.Supreme Court of Oklahoma · 1942
  4. Moore v. Atchison, T. & S. F. R. Co.Supreme Court of Oklahoma · 1940
  5. Murray v. TeapeSupreme Court of Oklahoma · 1949

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