Kansas, Okla. & Gulf Ry. Co. v. Smith

Orloff Smith, defendant in error, but hereinafter called plaintiff, recovered a judgment by the consideration of the district court of Oklahoma county against the Kansas, Oklahoma & Gulf Railway Company, a corporation, plaintiff in error, hereinafter called defendant. The defendant appeals to this court.

This action in the trial court was also against the Midland Talley Railroad Company, but its demurrer to the plaintiff’s evidence was sustained, and that company is no longer material to a determination of the issues herein.

The action was tried on the amended petition of the plaintiff,…