St. Louis S. F. R. Co. v. Wilson
Supreme Court of Oklahoma
Error from Okmulgee County Court; M. M. Alexander, Judge. Action by George W. Wilson against the St. Louis & San Francisco Railroad Company. Judgment for plaintiff, and defendant brings error. This action was commenced by Geo. W. Wilson against the defendant railroad company in the county court of Okmulgee county September 16, 1908; the plaintiff alleging that on June 8th he delivered to defendant at Morris, Okla., for shipment to Kansas City, Mo., 106 head of beef cattle.
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Error from Okmulgee County Court; M. M. Alexander, Judge. Action by George W. Wilson against the St. Louis & San Francisco Railroad Company. Judgment for plaintiff, and defendant brings error. This action was commenced by Geo. W. Wilson against the defendant railroad company in the county court of Okmulgee county September 16, 1908; the plaintiff alleging that on June 8th he delivered to defendant at Morris, Okla., for shipment to Kansas City, Mo., 106 head of beef cattle. The said cattle were loaded into the cars of defendant company on the afternoon of June 8th and were started on the road…
1Opinion of the Court
Opinion by
HARRISON, C.
(after stating the facts as above). As to the first assignment, inasmuch as the error complained of in instruction No. 5 was presented in the motion for a new trial, we will consider the first and third assignments together, inasmuch as they both go to what seems to us to be the decisive question involved; namely, the error in instruction No. 5. Said instruction reads as follows:
“The court instructs you that where the plaintiff asks damages from a railroad company for negligence in carrying and delivering cattle shipped over its line, alleging that it had orally agreed…
2Cases cited3 opinions
- Davis v. GerberMichigan Supreme Court · 1888
- Cornelius v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1906
- Heithecker v. FitzhughSupreme Court of Kansas · 1889
3Cited by6 opinions
- Republic Nat. Bank of St. Louis v. First State Bank of OiltonSupreme Court of Oklahoma · 1925
- Amons v. HowardSupreme Court of Oklahoma · 1925
- Tubbs v. ShearsSupreme Court of Oklahoma · 1916
- J. I. Case Threshing MacH. Co. v. MosleySupreme Court of Oklahoma · 1918
- Slagle v. AmosSupreme Court of Oklahoma · 1925
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