Chicago, R. I. & P. R. Co. v. Warren
Supreme Court of Oklahoma
Error from District Court. Pottawatomie County; Chas. B. Wilson, Jr.,'Judge. Action by H. B. Warren against the Chicago, Iioclc Island & Pacific Railway Company. Judgment for plaintiff, and defendant brings error.
1DissentThaoker, J.
Although the opinion of the court is supported by precedent in this jurisdiction and to some extent in some of the Kansas cases cited therein, I cannot concur in the same to the effect that, whatever verdict may be rendered -by the jury to whom an issue of fact is submitted jupón conflicting evidence, it is the duty of the trial judge, upon motion for a new trial upon the ground that it is not sustained by sufficient evidence, to set it aside and grant a new trial if it does not accord with his own views.
In both literal and logical effect, the opinion of this court is based upon the false…
2Cases cited21 opinions
- Pleasants v. FantSupreme Court of the United States · 1875
- Kansas Pacific Railway Co. v. KunkelSupreme Court of Kansas · 1876
- Hogan v. BaileySupreme Court of Oklahoma · 1910
- City of Shawnee v. CheekSupreme Court of Oklahoma · 1913
- Louisville & Nashville Railroad v. WoodsonSupreme Court of the United States · 1890
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