Missouri, K. & T. R. Co. v. Ellis
Supreme Court of Oklahoma
Error from District Court, Pawnee County ; Chas. B. Wilson, Jr., Judge. Action by the Missouri, Kansas & Texas Railway Company to recover damages upon an indemnity contract and bond executed to it by Robert Ellis. Judgment in favor of Ellis and his sureties on the bond, from which plaintiff- railway company brings error.
1Opinion of the CourtHiggins, J.
In the lower court the parties occupied the same relative position as in this court, and will be so referred to in this opinion.
Robert Ellis contracted with plaintiff to build for it a depot, to hold it harmless from all damages to any one arising out of the execution of the contract, and made to it a bond to that effect. During the erection of the building one Clay Wheéler, a passenger on the plaintiff’s train, alighted at nighttime therefrom, and, while traveling across the depot premises in the passage way customarily traveled by passengers, fell over a piece of timber lying in the…
2Cited by5 opinions
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