Goodwin v. Greenwood
Supreme Court of Oklahoma
Error from the District Court of Oklahoma County; before B. F. Burwell, Trial Judge. STATEMENT OE FACTS. The defendant in error, a practicing physician in Oklahoma City, Oklahoma Territory, on July 15, 1901, about five o’clock, P. M., entered plaintiff in error’s cafe for the purpose of procuring a lunch.
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Error from the District Court of Oklahoma County; before B. F. Burwell, Trial Judge. STATEMENT OE FACTS. The defendant in error, a practicing physician in Oklahoma City, Oklahoma Territory, on July 15, 1901, about five o’clock, P. M., entered plaintiff in error’s cafe for the purpose of procuring a lunch. He purchased a sandwich and paid for the same, and at the solicitation of Frank New, an employee of the plaintiff in error, ordered a fish fry upon condition that it could be served to the defendant in error within a limited time. Being assured by the waiter, New, that he could have the…
1Opinion of the Court
Opinion of the court by
Gillette, J.:
The first contention of the plaintiff in error is that the trial court erred in refusing and overruling motion for judgment upon the special findings of facts No. 5. 6, 7, and 8, and contends that these findings conclusively entitle him to judgment. Even if it be conceded that these isolated interrogatories contain a fair statement of the facts to which they refer, we cannot conclude therefrom that such facts as are thereby established would relieve the plaintiff in error from liability.
The general verdict carries with it a presumption that all necessary…
2Cases cited1 opinion
- Rahmel v. LehndorffCalifornia Supreme Court · 1904
3Cited by6 opinions
- Davidson v. Chinese Republic Restaurant Co.Michigan Supreme Court · 1918
- Nesbit v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913
- Republic Nat. Bank of St. Louis v. First State Bank of OiltonSupreme Court of Oklahoma · 1925
- Cressy v. Republic Creosoting Co.Supreme Court of Minnesota · 1909
- Amons v. HowardSupreme Court of Oklahoma · 1925
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