Legal Opinion

Missouri, K. & T. R. Co. v. James

Supreme Court of Oklahoma

Decided July 11, 1916No. 6682PublishedCited by 12 opinions

Error from District Court, Pontotoc County; Tom D. McKeown, Judge. Action by Gipson James against the Missouri, Kansas & Texas Railway Company. Judgment for defendant, but the trial court granted plaintiff a new trial and set the judgment for defendant aside. Defendant brings error.

1Opinion of the Court

Opinion by

DAVIS, C.

We will mention the parties to this action throughout this opinion as they were designated in the trial court. The plaintiff, Gipson James, sued the defendant railway company in the district court of Pontotoc county, Okla., to recover the sum of $3,000 for the alleged negligent killing of his son Lavin James, on a public highway crossing in said county on October 12. 1912, at about 11 o’clock p. m. Plaintiff further alleged in his petition that his son was 17 years of age at the time of his death, and was living with plaintiff. A trial to a jury resulted in a verdict…

2Cases cited14 opinions

  1. Hogan v. BaileySupreme Court of Oklahoma · 1910
  2. Trower v. RobertsSupreme Court of Oklahoma · 1907
  3. Cit. State Bank of Lawton v. Chattanooga State BankSupreme Court of Oklahoma · 1909
  4. Rochester v. Seattle, Renton & Southern Railway Co.Washington Supreme Court · 1913
  5. Duncan v. McAlester-choctaw Coal Co.Supreme Court of Oklahoma · 1910

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3Cited by12 opinions

  1. James v. ColemanSupreme Court of Oklahoma · 1917
  2. Kkk Medicine Co. v. HarringtonSupreme Court of Oklahoma · 1921
  3. Poynter v. Beacon Falls Rubber Co.Supreme Court of Oklahoma · 1925
  4. State Ex Rel. Shull v. MooreSupreme Court of Oklahoma · 1933
  5. Wray v. FerrisSupreme Court of Oklahoma · 1940

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