Legal Opinion

City of Stillwater v. Swisher

Supreme Court of Oklahoma

Decided February 15, 1906PublishedCited by 14 opinions

Error from ihe District Court of Payne County; before Jno. H. Burford, Trial Judge. STATEMENT OR If ACTS. This is an action begun in the district court of Payne county, by the defendant in error, Jacob Swisher, against the city of Stillwater, plaintiff in error, in which the plaintiff alleges that the defendant is a city of the first class, located in Payne county, Oklahoma Territory.

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Error from ihe District Court of Payne County; before Jno. H. Burford, Trial Judge. STATEMENT OR If ACTS. This is an action begun in the district court of Payne county, by the defendant in error, Jacob Swisher, against the city of Stillwater, plaintiff in error, in which the plaintiff alleges that the defendant is a city of the first class, located in Payne county, Oklahoma Territory. That while traveling upon one of the public strrets of said city, which was regularly platted, dedicated and used by the city as a street, the plaintiff while exercising reasonable care and caution, was injured…

1Opinion of the Court

Opinion of the court by

IewtN, J.:

The first eight pages of the brief and argument of counsel for plaintiff in error are devoted to an extensive discussion of the evidence, in an attempt to show that the verdict of the jury was not authorized by the evidence, but we have examined the entire record in the case, and all of the evidence therein contained, and under the oft repeated and well recognized rule of this court, that findings of fact by a jury, or the trial court would not be disturbed by this court, where the evidence reasonably tends to support such finding, and as the evidence in this…

2Cases cited2 opinions

  1. The Town of Norman v. TeelSupreme Court of Oklahoma · 1902
  2. Wallis v. City of WestportMissouri Court of Appeals · 1900

3Cited by14 opinions

  1. City of Hugo v. NanceSupreme Court of Oklahoma · 1913
  2. City of Ada v. BurrowSupreme Court of Oklahoma · 1935
  3. Marth v. City of KingfisherSupreme Court of Oklahoma · 1908
  4. City of Seminole v. MooringSupreme Court of Oklahoma · 1939
  5. Town of Fairfax v. GiraudSupreme Court of Oklahoma · 1913

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