Legal Opinion

Kilpatrick v. Choctaw, O. & G. R.

Court of Appeals for the Eighth Circuit

Decided February 21, 1903No. 1,694PublishedCited by 9 opinions

In Error to the United States Court of Appeals in the Indian Territory.

1Opinion of the Court

THAYER, Circuit Judge.

This is an action for personal injuries which resulted in the death of R. E. Kilpatrick, at Shawnee, in the Territory of Oklahoma, on February 13, 1897. Minnie Kilpatrick, the plaintiff below and the plaintiff in error here, who was the wife of the deceased, sues for herself and as next friend for her minor children, Ethel Kilpatrick and Robbie Kilpatrick, basing her right to sue on sections 435 and 436 of the Eaws of Oklahoma Territory, which provide, in substance, that, when the death of a person is caused by the wrongful act or omission of another the personal…

2Cases cited4 opinions

  1. Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
  2. Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
  3. Southern Pacific Co. v. SeleySupreme Court of the United States · 1894
  4. Kilpatrick v. Choctaw, Oklahoma & Gulp RailroadCourt Of Appeals Of Indian Territory · 1901

3Cited by9 opinions

  1. Baltimore & Ohio Railroad v. GroegerSupreme Court of the United States · 1925
  2. Gilbert v. Burlington, C. R. & N. Ry. Co.Court of Appeals for the Eighth Circuit · 1904
  3. Donegan v. Baltimore & N. Y. Ry. Co.Court of Appeals for the Second Circuit · 1908
  4. New v. StoutSupreme Court of Oklahoma · 1924
  5. Pennsylvania Pulverizing Co. v. ButlerCourt of Appeals for the Third Circuit · 1932

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