Legal Opinion

Coalgate Co. v. Hurst

Supreme Court of Oklahoma

Decided January 12, 1910No. 245PublishedCited by 39 opinions

Error from District Court, Coal County; A. T. West, Judge. Action by J. W. Hurst, Administrator of Ed. Cleveland, against the Coalgate Company. Judgment for plaintiff, and defendant brings error. Citing: Jones on Evidence, sec. 360; Reynier v. Territory, 82 Pac. 509; Lewis v. State, 15 S. W. 642; Freernm v. State, 46 S. W. 641; Shaefer v. Mo. Pac. By.

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Error from District Court, Coal County; A. T. West, Judge. Action by J. W. Hurst, Administrator of Ed. Cleveland, against the Coalgate Company. Judgment for plaintiff, and defendant brings error. Citing: Jones on Evidence, sec. 360; Reynier v. Territory, 82 Pac. 509; Lewis v. State, 15 S. W. 642; Freernm v. State, 46 S. W. 641; Shaefer v. Mo. Pac. By. Co., 72 S. W. 154; Johnson v. State, 58 Pac. 761; Union Casualty & Surety Co. v. Mondy ei al., 71 Pac. 677; Linderberg v. Crescent Min. Co., 33 Pac. 692; International & G. N. R. Co. v. Anderson, 17 S. W. 1039; Lewis v. Burns et al., 79 Pac.…

1Opinion of the CourtWilliams, J.

The plaintiff (defendant in error) alleges in his complaint or petition that the defendant (plaintiff in error) during the time intestate served the company as shot ürer “failed and neglected to exercise ordinary care and diligence to keep the fan in suitable operation and properly adjusted.” It is insisted by the defendant in error that if this fan had been ad^ justed with reasonable arrangement, this accident would have been averted. The contention is not that the fan was insufficient and was not suitable to do the work for which it was intended, but that the plaintiff in error did not…

2Cases cited23 opinions

  1. Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
  2. Railroad Co. v. StoutSupreme Court of the United States · 1874
  3. Hough v. Railway Co.Supreme Court of the United States · 1880
  4. Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
  5. Chicago G. W. Ry. Co. v. PriceCourt of Appeals for the Eighth Circuit · 1899

18 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Chicago, R. I. & P. Ry. Co. v. DuranSupreme Court of Oklahoma · 1913
  2. Dewey Portland Cement Co. v. BluntSupreme Court of Oklahoma · 1913
  3. Prickett v. Sulzberger & Sons Co.Supreme Court of Oklahoma · 1916
  4. Chickasaw Compress Co. v. BowSupreme Court of Oklahoma · 1915
  5. Thomas v. Holliday by and Through HollidaySupreme Court of Oklahoma · 1988

34 more not listed; retrieve them via the Exa API.

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