Missouri, Kansas & Texas Ry. Co. v. Farrington
Court Of Appeals Of Indian Territory
Appeal from tbe United States court for the Norther] district. Yancey Lewis, Judge. Charles B. Farrington sued the Missouri, Kansas < Texas Railway Company for the value of a cow killed b one of Defendant’s trains. Judgment for plaintiff. Da fendant appeals.
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Appeal from tbe United States court for the Norther] district. Yancey Lewis, Judge. Charles B. Farrington sued the Missouri, Kansas < Texas Railway Company for the value of a cow killed b one of Defendant’s trains. Judgment for plaintiff. Da fendant appeals. This is an action brought by the appellee, the plainj tiff below, against the appellant, the defendant below, ofl the 21st day of March, 1893, before Joseph G. Ralls, Unite States commissioner for the Second judicial division of th Indian Territory, at Atoka. The plaintiff, in his complain alleged that on the 13th day of November, 1892,…
1Opinion of the CourtTownsend, J.
(after stating the facts.) There is some conflict in the evidence in this case as to the distance the train was from the cow when the cow got upon the track and also as to the speed the train was running. The evidence of the plaintiff is that the train was 200 yards from the cow when she got upon the track, and the evidence of the engineer is that she was about 90 feet from the engine; that she got off the track, and he thought she would remain off, but that she came back on the track when the engine was about 50 feet from her. The evidence is that there was a slight curve, but it was upon…
2Cases cited4 opinions
- Gulf, C. & S. F. Ry. Co. v. EllisCourt of Appeals for the Eighth Circuit · 1893
- Gulf, C. & S. F. R. Co. v. WashingtonCourt of Appeals for the Eighth Circuit · 1892
- Gulf, C. & S. F. Ry. Co. v. JohnsonCourt of Appeals for the Eighth Circuit · 1893
- Gulf, C. & S. F. R. Co. v. EllidgeCourt of Appeals for the Eighth Circuit · 1892
3Cited by3 opinions
- Missouri, K. & T. Ry. Co. v. ShepherdSupreme Court of Oklahoma · 1908
- Ft. Smith W. R. Co. v. CollinsSupreme Court of Oklahoma · 1910
- Missouri, K. & T. Ry. Co. v. FordSupreme Court of Oklahoma · 1909