Missouri, K. & T. R. Co. v. Chowning
Supreme Court of Oklahoma
Error from District Court, Marshall County ; Jesse M. Hatchett, Judge. Action by R. H. Chowning against the Missouri, Kansas & Texas Railway Company and James W. Lusk and another, receivers of the St. Louis & San Francisco Railroad Company, begun ■ in justice court, where there was a judgment in favor of plaintiff against the first-named defendant and in favor of the latter.
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Error from District Court, Marshall County ; Jesse M. Hatchett, Judge. Action by R. H. Chowning against the Missouri, Kansas & Texas Railway Company and James W. Lusk and another, receivers of the St. Louis & San Francisco Railroad Company, begun ■ in justice court, where there was a judgment in favor of plaintiff against the first-named defendant and in favor of the latter. The first-named defendant appealed to the district court, where judgment was íeqdered against both defendants, and both bring error; the eases being consolidated.
1Opinion of the Court
Opinion by
HOOKER, C.
R. H. Chowning on the 29th day of November, 1914, shipped a carload of cattle from Atoka, Okla., to Madill, Okla., and the same was loaded for shipment in the afternoon of November 29th at Atoka at the stockyards of the Missouri, Kansas & Texas Railway Company, and on the same evening transported by it to Durant, Okla., and about 8:30 the same evening the car was placed upon the connecting track between the Missouri, Kansas & Texas Railway Company and the St. Louis & San Francisco Railroad Company, at Durant, Okia. Tlie track that constituted tile connection between these…
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