New v. McMillan
Supreme Court of Oklahoma
Error from District Court, Pontotoc County; J. W. Bolen, Judge. Action by Efiie McMillan and minor children against Alexander New and another, receivers of the Missouri, Oklahoma & Gulf Railway Company, for damages for wrongful death of Ben McMillan. Judgment for plaintiffs, and defendants bring error.
1Opinion of the CourtHarrison, J.
This suit was begun by Effie McMillan, as administratrix of the estate of her deceased husband, Ben McMillan, and for herself and five minor children asking judgment against the Missouri, Oklahoma & Gulf Railway Company and its receivers for negligently causing the death of her husband, while engaged in unfastening an elevator bucket at the top of a coal chute.
The cause was tried upon the issues, first, whether the deceased, if found to be in the employment of defendants, came to his death by his own contributory negligence; second, whether he was in the employ of defendants or that of Arnold…
2Cases cited18 opinions
- Independent Cotton Oil Co. v. BeachamSupreme Court of Oklahoma · 1911
- Delory v. BlodgettMassachusetts Supreme Judicial Court · 1904
- Atlanta & West Point Railroad v. WestSupreme Court of Georgia · 1905
- Hasty v. SearsMassachusetts Supreme Judicial Court · 1892
- Chicago, R. I. & P. Ry. Co. v. De VoreSupreme Court of Oklahoma · 1914
13 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Joyce O'connor, as Administratrix of the Estate of Benedict O'connor, Deceased v. United StatesCourt of Appeals for the Second Circuit · 1959
- Cosden Pipe Line Co. v. BerrySupreme Court of Oklahoma · 1922
- Wylie-Stewart MacHinery Co. v. ThomasSupreme Court of Oklahoma · 1943
- Rock Island Coal Mining Co. v. GilliamSupreme Court of Oklahoma · 1923
- Westgate Oil Co. v. McAbeeSupreme Court of Oklahoma · 1937
20 more not listed; retrieve them via the Exa API.