M., K. & T. Railway Co. v. Turley
Court Of Appeals Of Indian Territory
Appealed from the Uuited States Court for the Northern District. Charles B. Stuart, Judge. Suit by Georgia Turley against the Missouri, Kansas & Texas Railway Company for damages for personal injuries sustained through defendant’s negligence. Judgment in favor of plaintiff for $10,000. Defendant appeals. This is an action, to recover damages for personal injuries alleged to have been inflicted upon appellee by the negligence of appellant.
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Appealed from the Uuited States Court for the Northern District. Charles B. Stuart, Judge. Suit by Georgia Turley against the Missouri, Kansas & Texas Railway Company for damages for personal injuries sustained through defendant’s negligence. Judgment in favor of plaintiff for $10,000. Defendant appeals. This is an action, to recover damages for personal injuries alleged to have been inflicted upon appellee by the negligence of appellant. On January 30, 1892, appellant’s railroad crossed the road of the Choctaw Coal & Railway Company at South McAlester, Indian Territory. South Mc-Alester was…
1Opinion of the CourtLewis, J.
(after stating the facts.) 1. Appellant strenuously insists that the trial court erred in not directing a verdict for it upon the ground that the proof shows that appellee was guilty of contributory negligence in stepping off the platform. When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or not, the determination of the matter is for the jury. It is only where the facts are such that all reasonable men must draw the same conclusion from them that the question of negligence is considered as *280one of law for the court.…
2Cases cited20 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
- Arkansas Valley Land & Cattle Co. v. MannSupreme Court of the United States · 1889
- Washington & Georgetown Railroad v. Harmon's AdministratorSupreme Court of the United States · 1893
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3Cited by4 opinions
- Atchison, T. & S. F. Ry. Co. v. CogswellSupreme Court of Oklahoma · 1909
- Chicago, R. I. & P. Ry. Co. v. WainscottSupreme Court of Oklahoma · 1924
- Missouri, K. & T. Ry. Co. v. TurleyCourt of Appeals for the Eighth Circuit · 1898
- Drummy v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1911