Legal Opinion

Frederick Cotton Oil & Mfg. Co. v. Traver

Supreme Court of Oklahoma

Decided January 21, 1913No. 2287PublishedCited by 24 opinions

Error from District Court, Tillman County; J. T. Johnson, Judge. Action by J. A. Traver against the Frederick Cotton Oil & Manufacturing Company. Judgment for plaintiff, and defendant brings error.

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Error from District Court, Tillman County; J. T. Johnson, Judge. Action by J. A. Traver against the Frederick Cotton Oil & Manufacturing Company. Judgment for plaintiff, and defendant brings error. This action was begun in the district court of Tillman county, December, 1909-, by J. A. Traver against the Frederick Cotton Oil & Manufacturing Company upon a petition where it was alleged in substance that on October 2, 1909, the plaintiff was engaged as a common laborer in defendant’s employ; that as such he was under the direction and control of one P. L. Burkes, a vice principal of defendant;…

1Opinion of the Court

Opinion by

PIARRISON, C.

(after stating the facts as above). It is contended that the allegation “that defendant negligently directed the plaintiff to apply the belt dressing which caused the machinery to start the instant it came in contact with such dressing and that the nature of such dressing was unknown to plaintiff, but was well known to defendant,” was insufficient upon which to base a finding that defendant’s negligence consisted in failing to instruct plaintiff as to the character of the dressing. However, as the judgment must be reversed under other assignments of error, and as the…

2Cases cited2 opinions

  1. McCabe & Steen Construction Co. v. WilsonSupreme Court of Oklahoma · 1906
  2. Ruemmeli-Braun Co. v. CahillSupreme Court of Oklahoma · 1904

3Cited by24 opinions

  1. Ponca City Ice Co. v. RobertsonSupreme Court of Oklahoma · 1917
  2. Chickasaw Compress Co. v. BowSupreme Court of Oklahoma · 1915
  3. Big Jack Mining Co. v. ParkinsonSupreme Court of Oklahoma · 1913
  4. Hembree v. Southard Ex Rel. WilsonSupreme Court of Oklahoma · 1959
  5. Anthony v. BlissSupreme Court of Oklahoma · 1913

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