Lusk v. Durant Nursery Co.
Supreme Court of Oklahoma
Error from County Court, Murray County; J. H. Casteel, Judge. Action by the Durant Nursery Company against James W. Lusk et al., receivers of the St. Louis & S. F. B. Co., and the Chicago, B. I. & p. B. Co. Judgment for plaintiffs, and defendants bring error. . (A rehearing having been granted as to the Chicago, Bock Island & Pacific Bailway Company, in an opinion filed February 17, 1920, the judgment, as to it was affirmed upon condition of a remittitur.
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Error from County Court, Murray County; J. H. Casteel, Judge. Action by the Durant Nursery Company against James W. Lusk et al., receivers of the St. Louis & S. F. B. Co., and the Chicago, B. I. & p. B. Co. Judgment for plaintiffs, and defendants bring error. . (A rehearing having been granted as to the Chicago, Bock Island & Pacific Bailway Company, in an opinion filed February 17, 1920, the judgment, as to it was affirmed upon condition of a remittitur. See 77 Okla. 288, 188 Pac. 104.)
1Opinion of the Court
This in an action against the receivers of the St. Louis & San Francisco Railroad Company, and the Chicago, Rock Island & Pacific Railway Company, to recover damages on account of a delayed shipment' of fruit trees from Durant, Okla., to Chick-asha, Okla.
The shipment was delivered on October 31, 1914, to the receivers, and same was by the •Chicago, Rock Island & Pacific Railway Company delivered to the consignee at Chick-asha on November 12, 1914, and the nursery alleges that when same was delivered the consignment was in a damaged condition due to the delay on route which together with its…
2Cases cited6 opinions
- St. Louis & San Francisco Railroad v. McGivneySupreme Court of Oklahoma · 1907
- Missouri, K. & T. Ry. Co. v. FooteSupreme Court of Oklahoma · 1915
- St. Louis, I. M. & S. Ry. Co. v. CarlileSupreme Court of Oklahoma · 1912
- Carroll, Brough Robinson v. Board of CommissionersSupreme Court of Oklahoma · 1917
- Chicago, R. I. & P. Ry. Co. v. DiggsSupreme Court of Oklahoma · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Gaines v. Gaines Bros. Co.Supreme Court of Oklahoma · 1936