St. Louis & San Francisco Railroad v. Zachary
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Central District. William H. H. Clayton, Judge. Action by B, W. Zachary against the St. Louis & San Francisco Railroad Company to recover for the killing of plaintiff’s stock. Judgment for plaintiff. Defendant appeals. On the 14th day of September, 1898, appellee, Zachary, filed a complaint in writing in the United States Court at Cameron, Ind.
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Appeal from the United States Court for the Central District. William H. H. Clayton, Judge. Action by B, W. Zachary against the St. Louis & San Francisco Railroad Company to recover for the killing of plaintiff’s stock. Judgment for plaintiff. Defendant appeals. On the 14th day of September, 1898, appellee, Zachary, filed a complaint in writing in the United States Court at Cameron, Ind. T., against appellant, the St. Louis & San Francisco Railroad Company, praying damages in the sum of $150 for the negligent and careless killing of two head of horses by appellant near Talihina, Ind. T., on…
1Opinion of the Court
Springer, 0. J.
There are but two specifications of error in this case: First, that the court erred in refusing the motion of appellant to instruct the jury to return a verdict in its favor; second, that the court erred in overruling motion of appellant for a new trial. The evidence as to the material facts in issue in this case is not conflicting. The appellee, in his brief, cites the testimony in the record which most strongly supports his contention. The plaintiff testified that at the place where the horses were killed the track *539was a little up grade, “but mighty little, if any”; and that…
2Cases cited10 opinions
- Strother v. So. Ca. & Ga. R. R.Supreme Court of South Carolina · 1896
- Holman v. Chicago, Rock IsLand & Pacific RailroadSupreme Court of Missouri · 1876
- Wallace v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- M. & L. R. R. R. v. KerrSupreme Court of Arkansas · 1889
- Mills & Le Clair Lumber Co. v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1896
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