Legal Opinion

Chicago, R. I. & P. R. Co. v. Smith

Supreme Court of Oklahoma

Decided March 2, 1920No. 9489PublishedCited by 3 opinions

Error from District Court, Stephens County ; W. M. Bowles, Judge. Action by Myrtle B. Smith, executrix of the estate of Fred W. Smith, deceased, against the Chicago, Rock Island & Pacific Railway Company for $35,000 damages for the negligent death of Fred W. Smith. Judgment in favor of plaintiff for $11,000, and defendant brings error.

1Opinion of the CourtHiggins, J.

For convenience, the parties to this suit will be referred to as they appeared in the trial court; that is, the defendant in error will be referred to as plaintiff, and the plaintiff in error will be referred to as defendant.

The plaintiff, as executrix of the estate of Fred W. Smith, deceased, brings this suit against the defendant for damages for the negligent death of the deceased, and in her petition alleges and avers that she is the wife of the decedent, and that James C. Smith, age 8 years, and Fred W. Smith, age 4 years, are minor children of the deceased and the petitioner; that the…

2Cases cited12 opinions

  1. Hartford Fire Insurance v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1899
  2. Northern Pacific R. Co. v. AdamsSupreme Court of the United States · 1904
  3. Glennen v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
  4. Kansas City, Memphis & Birmingham Railroad v. Southern Railway News Co.Supreme Court of Missouri · 1899
  5. James Quirk Milling Co. v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1906

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

3Cited by3 opinions

  1. Rollings v. Thermodyne Industries, Inc.Supreme Court of Oklahoma · 1996
  2. Shoenfelt v. Donna Belle Loan & Inv. Co.Supreme Court of Oklahoma · 1935
  3. Rollings v. Thermodyne Industries, Inc.Supreme Court of Oklahoma · 1996

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