City of Ardmore v. Orr
Supreme Court of Oklahoma
Error from District Court, Carter County; W. L. Barnum, Assigned Judge. Action by J. T. Orr against the City of Ardmore. Judgment for plaintiff, and defendant brings error.
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Error from District Court, Carter County; W. L. Barnum, Assigned Judge. Action by J. T. Orr against the City of Ardmore. Judgment for plaintiff, and defendant brings error. Defendant in error, hereinafter called plaintiff, filed his petition in the district court of Carter county on the 17th day of October, 1908, against plaintiff in error, hereinafter called defendant or the city, in which he alleges that he is the owner of lot No. 20, in block 233, situated and fronting on what is known as Caddo street, in the city of Ardmore, an incorporated city of the first class, and that said property…
1Opinion of the CourtHayes, C. J.
(after stating the facts as above). Defendant’s first assignment of error complains of the action of the court in overruling its demurrer to plaintiff’s petition. The gist of plaintiff’s cause of action is summed up in his petition in the last paragraph as being the wrongful acts, negligence, and carelessness of defendant in closing up one of the storm sewers, and reducing the size of the other so as to make it too small to carry off the waters which the grading of Caddo street concentrated at that point, and which resulted 'from diverting a large part of the surface water from its natural…
2Cases cited18 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Chicago, R. I. & P. Ry. Co. v. JohnsonSupreme Court of Oklahoma · 1910
- Sloss-Sheffield Steel & Iron Co. v. MitchellSupreme Court of Alabama · 1909
- Rice v. HodgeSupreme Court of Kansas · 1881
- Seely v. AldenSupreme Court of Pennsylvania · 1869
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- Pahlka v. Chicago, R. I. & P. R. Co.Supreme Court of Oklahoma · 1916
- Alesko v. Union Pacific RailroadIdaho Supreme Court · 1941
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