Oklahoma Ry. Co. v. Clapp

I am unable to agree with the majority opinion in this case. !It treats of the allegation of error in overruling the defendant’s demurrer to the evidence, but does not dispose of the allegation of plaintiff in error that the trial court erred in denying defendants’ motion for a directed verdict. It may not have been reversible error to overrule the demurrer to the evidence but, in my opinion, the motion for a directed verdict should have been sustained. As I view the evidence, defendants in the court below established by substantially uncon-tradicted evidence, the defense of unavoidable…