St. Louis S. F. R. Co. v. Yount
Supreme Court of Oklahoma
Error from District Court, Comanche County; J. T. Johnson, Judge. Action by Paul Yount against the St. Louis &. San Francisco Railroad Company. Judgment for plaintiff, and defendant brings error.
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Error from District Court, Comanche County; J. T. Johnson, Judge. Action by Paul Yount against the St. Louis &. San Francisco Railroad Company. Judgment for plaintiff, and defendant brings error. This action was begun in the district court of Comanche county on September 28, 1907, by Paul Yount against the St. Louis & San Francisco Railroad Company for damages in the sum of $1,041.98, by reason of being ejected from a passenger train on said railroad; and thereafter, on September 25, 1908, in a jury trial, plaintiff recovered judgment in'the sum of $500, from which judgment the defendant…
1Opinion of the Court
Opinion by
HARRISON, C.
(after stating the facts as above). To go at once into an analysis of the proposition involved herein, the argument of counsel for plaintiff in error resolves itself into this position: That this is an action ex contractu and not ex delicto, but if treated as an action in tort, then the verdict is not supported by the evidence, and if as an action on contract, then the measure of damages is the actual expense incurred for board, lodging, and loss of time occasioned by the delay and the cost of another ticket. Therefore let us first determine the form of action, then…
2Cases cited6 opinions
- Trigg v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
- Lake Erie & Western Railway Co. v. FixIndiana Supreme Court · 1882
- Chicago & Alton Railroad v. FlaggIllinois Supreme Court · 1867
- Willson v. Northern Pacific RailroadWashington Supreme Court · 1893
- Chicago, St. Louis & Pittsburgh Railroad v. HoldridgeIndiana Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Doss Oil Royalty Co. v. Texas CompanySupreme Court of Oklahoma · 1943
- Bynum v. StrainSupreme Court of Oklahoma · 1923
- Rollow v. TaylorSupreme Court of Oklahoma · 1924
- State Ex Rel. Westerheide v. ShillingSupreme Court of Oklahoma · 1942
- St. Louis-San Francisco Ry. Co. v. ClarkSupreme Court of Oklahoma · 1924
11 more not listed; retrieve them via the Exa API.