Legal Opinion

Atchison, T. & S. F. Ry. Co. v. Bratcher

Supreme Court of Oklahoma

Decided April 29, 1924No. 12716PublishedCited by 10 opinions

Commissioners’ Opinion, Division No. 1. Error from District Court, Garfield County ; James B. Cullison, Judge. Action by Samuel Bratcher, as administrator, against the Atchison, Topeka & Santa Pe Railway Company, O. D. Edwards, and Oliver Newland to recover damages for the negligent injury and death of plaintiff’s intestate. Judgment for plaintiff, and defendants bring error.

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Commissioners’ Opinion, Division No. 1. Error from District Court, Garfield County ; James B. Cullison, Judge. Action by Samuel Bratcher, as administrator, against the Atchison, Topeka & Santa Pe Railway Company, O. D. Edwards, and Oliver Newland to recover damages for the negligent injury and death of plaintiff’s intestate. Judgment for plaintiff, and defendants bring error. This action was commenced December 15, 1920, in the district court of Garfield county, Okla., by plaintiff, as administrator of the estate of James Cummins, deceased, against the defendants above named by the plaintiff…

1Opinion of the Court

Opinion by

LOGSDON, C.

Only questions of law arising upon instructions given and refused are presented by this proceeding. The first proposition presented questions the correctness of instruction No. 7 contained in the court’s general charge to the jury. This instruction reads:

“You are instructed that a railroad company is liable for injuries received by one in attempting to cross the track in front of a moving train even though such person is guilty of contributory negligence, if after discovering his perilous position the employes of the railroad company having charge of its train or who were…

2Cases cited24 opinions

  1. Denver City Tramway Co. v. CobbCourt of Appeals for the Eighth Circuit · 1908
  2. Clark v. St. L. & S. F. R. Co.Supreme Court of Oklahoma · 1909
  3. Atchison, T. & S. F. Ry. Co. v. BakerSupreme Court of Oklahoma · 1908
  4. Chicago, R. I. & P. Ry. Co. v. BartonSupreme Court of Oklahoma · 1916
  5. Oklahoma City Ry. Co. v. BarkettSupreme Court of Oklahoma · 1911

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

3Cited by10 opinions

  1. Pollard v. Oregon Short Line R.R. Co.Montana Supreme Court · 1932
  2. Sand Springs Railway Co. v. McWilliamsSupreme Court of Oklahoma · 1934
  3. Carpenter v. KurnSupreme Court of Missouri · 1940
  4. Clements v. Atchison, T. & S. F. Ry. Co.Supreme Court of Oklahoma · 1926
  5. Midland Valley R. Co. v. WhiteSupreme Court of Oklahoma · 1925

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

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