Missouri, K. & T. Ry. Co. v. Shepherd
Supreme Court of Oklahoma
Imi. T. Error from the United States Court for the Central District of the Indian Territory, at South McAlester; before Wm. H. H. Clayton, Judge. Action for damages by Walter Shepherd against the Missouri, Kansas & Texas Railway Company. Judgment for plaintiff, and defendant appeals.
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Imi. T. Error from the United States Court for the Central District of the Indian Territory, at South McAlester; before Wm. H. H. Clayton, Judge. Action for damages by Walter Shepherd against the Missouri, Kansas & Texas Railway Company. Judgment for plaintiff, and defendant appeals. On July 1, 1905, there was filed in the office of the United States commissioner for the Wilburton commissioner’s district, Central district of Indian Territory, a complaint by Walter Shepherd against the Missouri, Kansas & Texas Railway Company, in which he charged the said company with having negligently killed…
1Opinion of the CourtDunn, J.
(after stating the facts as above). There are three specifications of error alleged by plaintiff in error, as follows:
“■(I) The trial court erred in refusing to instruct the jury to return a verdict for the defendant as requested by counsel for plaintiff in error. (2) The trial court erred in instructing the jury in this case as follows: ‘The company is required to keep a lookout for stock, and, if they keep a proper lookout and are not able to discover it in time to stop their train, they are not responsible.’ (3) The trial court erred in overruling plaintiff in error’s motion for a new…
2Cases cited13 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Jones v. East Tennessee, Virginia & Georgia RailroadSupreme Court of the United States · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
- Pacific Mutual Life Ins. Co. v. AdamsSupreme Court of Oklahoma · 1910
- Harris v. Misssouri, K. & T. Ry. Co.Supreme Court of Oklahoma · 1909
- Dewey Portland Cement Co. v. BluntSupreme Court of Oklahoma · 1913
- St. Louis-San Francisco Ry. Co. v. CauthenSupreme Court of Oklahoma · 1924
23 more not listed; retrieve them via the Exa API.