Legal Opinion

St. Louis S. F. R. Co. v. Smith

Supreme Court of Oklahoma

Decided December 23, 1913No. 2494PublishedCited by 12 opinions

Error from County Court, McCurtain County; T. J. Barnes, Judge. Action by T. W. Smith against the St. Louis & San Francisco Railroad Company. From judgment for plaintiff, defendant brings error.

1Opinion of the Court

Opinion by

SHARP, C.

From a careful examination of the testimony, we fail to find any evidence of negligence on the part of the train crew in charge of the freight train that struck plain tiff’s cows. On the other hand, it conclusively appears that, after the discovery of the animals on the track, it was impossible to stop the train in time to avoid the accident. Atchison, T. & S. P. Ry. Co. v. Henderson, 27 Okla. 560, 112 Pac. 986; St. Louis & S. F. R. Co. v. Webb, 36 Okla. 235, 128 Pac. 252.

However, in addition to the foregoing allegation of negligence, it was further charged that the…

2Cases cited13 opinions

  1. Matter of Mayor, Etc., of N.Y.New York Court of Appeals · 1892
  2. Laufer v. Bridgeport Traction Co.Supreme Court of Connecticut · 1897
  3. Filson v. the Territory of OklahomaSupreme Court of Oklahoma · 1901
  4. Board of Commissioners v. CastetterIndiana Court of Appeals · 1893
  5. Southern Kansas Railway Co. v. City of OklahomaSupreme Court of Oklahoma · 1902

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

3Cited by12 opinions

  1. Oklahoma Ry. Co. v. Severns Paving Co.Supreme Court of Oklahoma · 1917
  2. Burlington Northern & Santa Fe Railway Co. v. Arizona Corp. CommissionCourt of Appeals of Arizona · 2000
  3. Oldfield v. DonelsonSupreme Court of Oklahoma · 1977
  4. Walmsley v. StateCourt of Special Appeals of Maryland · 1977
  5. Missouri, K. T. R. Co. v. BandySupreme Court of Oklahoma · 1919

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

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