Choctaw, Oklahoma & Gulf Railroad v. Zwirtz
Supreme Court of Oklahoma
Error from the District Court of Caddo County; before Frank E. Gillette, Trial Judge. STATEMENT OE FACTS. This ease was originally brought in the probate court of Caddo county by Charles Zwirtz, as plaintiff, against the Choctaw, Oklahoma and Gulf Eailroad Company, defendant. The petition contained three counts.
Read the full summary
Error from the District Court of Caddo County; before Frank E. Gillette, Trial Judge. STATEMENT OE FACTS. This ease was originally brought in the probate court of Caddo county by Charles Zwirtz, as plaintiff, against the Choctaw, Oklahoma and Gulf Eailroad Company, defendant. The petition contained three counts. The first count alleges that on August 5th, 1901, the plaintiff purchased from the defendant’s agent at Oklahoma City, in Oklahoma Territory, two tickets from said Oklahoma City to Anadarko, in said territory, and that said defendant through its agent accepted and undertook to…
1Opinion of the Court
Opinion of the court by
IewiN, J.:
The first assignment of error is that the court erred in overruling the defendant’s objection to the introduction of evidence on the grounds that the petition fails to state a cause of action. In this count plaintiff seeks only to recover damages for the delay in delivering the butcher’s tools to him at Anadarko, resulting, so he alleges, in delaying him in starting and carrying on his business.
This contention turns upon whether or not the articles contained in said trunk were or were not properly baggage. This is a subject which we think is a proper subject…
2Cases cited3 opinions
- Hannibal Railroad v. SwiftSupreme Court of the United States · 1871
- Wilson v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1868
- Church v. A. T. S. F. R. R.Supreme Court of Oklahoma · 1891
3Cited by13 opinions
- Chicago, R. I. & P. Ry. Co. v. McIntireSupreme Court of Oklahoma · 1911
- King Kole, Inc. v. BryantSupreme Court of Florida · 1965
- Dorsett v. State Ex Rel. PriceSupreme Court of Oklahoma · 1930
- Kansas City, M. & O. Ry. Co. v. FugattSupreme Court of Oklahoma · 1915
- Westheimer v. ByrneSupreme Court of Oklahoma · 1925
8 more not listed; retrieve them via the Exa API.