Barker v. Creek Coal & Min. Co.
Supreme Court of Oklahoma
Error from Superior Court, Okmulgee County; R. E. Simpson, Judge. Action by Mary Barker against the Creek Coal & Mining Company for damages for negligent death of her ' husband. Judgment for defendant, and plaintiff brings error.
1Opinion of the CourtMeNEILL, J.
This action was commenced in the superior court of Okmulgee county by Mary Barker, widow of Joseph L. Barker, against the Creek Coal & Mining Company to recover damages for the death of her husband, Joseph L. Barker, caused by the negligence of the defendant in permitting loose rocks and slate to accumulate around the top of the. mining shaft without safely guarding the mouth of said shaft, with the result that while said deceased was in the shaft entering the cage or elevator, a rock fell from the top of said mine, striking said defendant on the head, causing instant death.
Defendant…
2Cases cited4 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Missouri, K. & T. Ry. Co. v. SimerlySupreme Court of Oklahoma · 1919
- Kansas City, M. & O. Ry. Co. v. RoeSupreme Court of Oklahoma · 1915
- Peperkorn v. St. Louis Transfer Railway Co.Missouri Court of Appeals · 1913
3Cited by3 opinions
- Marland Refining Co. v. SniderSupreme Court of Oklahoma · 1926
- Rose v. First Nat. Bank of StiglerSupreme Court of Oklahoma · 1923
- Atchison, T. S. F. R. Co. v. HunterSupreme Court of Oklahoma · 1935