Legal Opinion
St. Louis S. F. R. Co. v. Model Laundry
Supreme Court of Oklahoma
Decided June 20, 1913No. 2692Published
Error from Superior Court, Oklahoma County; A. N. Munden, Judge. Action by the Model Laundry, a corporation, against the St. Louis & San Francisco Railroad Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
Opinion by
THACKER, C.
Section 6, art. 23 (section 355, Williams’ Ann. Ed.), Constitution of Oklahoma, reads:
“The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact, and shall at all times, be left to the jury.”
That these defenses are questions of fact for the jury, and that the verdict of the jury is conclusive as to the fact of their existence or nonexistence, see the following cases: Chicago, R. I. & P. Ry. Co. v. Beatty, 27 Okla. 844, 116 Pac. 171; Independent Cotton Oil Co. v. Beacham, 31 Okla. 384, 120 Pac. 969; Phoenix…
2Cases cited45 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Gulf, Colorado & Santa Fe Railway Co. v. SmithTexas Supreme Court · 1894
- Independent Cotton Oil Co. v. BeachamSupreme Court of Oklahoma · 1911
- Atchison, Topeka & Santa Fe Railway Co. v. BakerSupreme Court of Kansas · 1908
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