St. Louis S. F. R. Co. v. Hurley
Supreme Court of Oklahoma
Error from District Court, Tillman County; J. T. Johnson, Judge. Action by J. S. Hurley against the St. Louis & San Francisco Railroad Company. Judgment for plaintiff, and defendant brings error. On November, 1906, J. S. Hurley, plaintiff below, hauled a wagon load of cotton seed for the purpose of shipment over defendant company’s road, to the town of Manitou, Okla., to be loaded into a car preparatory to shipment.
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Error from District Court, Tillman County; J. T. Johnson, Judge. Action by J. S. Hurley against the St. Louis & San Francisco Railroad Company. Judgment for plaintiff, and defendant brings error. On November, 1906, J. S. Hurley, plaintiff below, hauled a wagon load of cotton seed for the purpose of shipment over defendant company’s road, to the town of Manitou, Okla., to be loaded into a car preparatory to shipment. The car into which the cotton seed was to be loaded was placed by the company on the track near a cotton platform. The approach to the car from one direction was down an…
1Opinion of the Court
Opinion by
HARRISON, C.
(after stating the facts as above). From a careful examination of the record and of the authorities cited in the briefs of both parties, together with numerous other authorities applicable to the facts in this case, we think there is but one assignment which demands serious consideration; that is, whether the court should have granted a new .trial on the ground of newly discovered evidence.
This being an action for damages from personal injuries wherein the questions of negligence, contributory negligence, and the exercise of ordinary care, prudence, and diligence, both…
2Cases cited7 opinions
- Hobbs v. SmithSupreme Court of Oklahoma · 1911
- McCants v. ThompsonSupreme Court of Oklahoma · 1911
- Burns v. VaughtSupreme Court of Oklahoma · 1911
- Atlanta Consolidated Street Rwy. Co. v. BeauchampSupreme Court of Georgia · 1893
- Wiers v. TreeseSupreme Court of Oklahoma · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Prickett v. Sulzberger & Sons Co.Supreme Court of Oklahoma · 1916
- Roeser v. PeaseSupreme Court of Oklahoma · 1913
- City of Tulsa v. WickerSupreme Court of Oklahoma · 1914
- Parrish v. NicholsSupreme Court of Oklahoma · 1935
- Black v. BellSupreme Court of Oklahoma · 1927
6 more not listed; retrieve them via the Exa API.