Legal Opinion

Missouri, K. & T. Ry. Co. v. Gilbreath

Supreme Court of Oklahoma

Decided January 11, 1916No. 6841PublishedCited by 7 opinions

Error from District Court, Bryan. County; Summers Hardy, Special Judge. Action by Emma Gilbreath, administratrix of the estate of B. F. Gilbreath, deceased, against the Missouri, Kansas & Texas Railway Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the CourtKane, C. J.

This was an action for personal injuries resulting in death, commenced by the defendant in error, plaintiff below, against plaintiff in error, defendant below, pursuant to the federal Employes’ Liability Act (Act April 22, 1908, c. 149, 85 Stat. 65 [U. S. Comp. St. 1913, sections 8657-8665]). Hereafter the parties will be called “plaintiff” and “defendant,” respectively, as they were designated in the court below. Upon trial to a jury there was verdict for the plaintiff in the sum of $4,000, to reverse which this proceeding in error was commenced.

The first assignment of error — and, in view…

2Cases cited7 opinions

  1. Sullivan v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
  2. Land v. St. Louis & San Francisco RailroadSupreme Court of Kansas · 1915
  3. Schulz v. Chicago, Milwaukee & St. Paul Ry. Co.Supreme Court of Minnesota · 1894
  4. Saint Louis, Iron Mountain & Southern Railway Co. v. JacksonSupreme Court of Arkansas · 1906
  5. New York, N. H. & H. R. v. PontilloCourt of Appeals for the Second Circuit · 1914

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

3Cited by7 opinions

  1. City of Tulsa v. HarmanSupreme Court of Oklahoma · 1931
  2. Chicago, R. I. & P. Ry. Co. v. BartonSupreme Court of Oklahoma · 1916
  3. Chicago, R. I. & P. Ry. Co. v. PedigoSupreme Court of Oklahoma · 1926
  4. St. Louis-San Francisco Railway Co. v. TylerSupreme Court of Oklahoma · 1924
  5. Bison Transports, Inc. v. FraleySupreme Court of Oklahoma · 1951

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

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