Lusk v. Phelps
Supreme Court of Oklahoma
Sharp, O. J. dissenting. Error from District Court, Johnston County ; J. H. Line'baugh, Judge. Action by W. H. Phelps, administrator of the estate of Needham Phelps, deceased, against James W. Lusk and others, receivers of the St. Louis & San Francisco Railroad Company. Judgment for plaintiff, motion for new trjial overruled, and defendants bring error.
1DissentSharp, C. J.
I am unable to concur in the court’s opinion. Conceding that Myers, the fellow servant; was inexperienced in the use of explosives, it does not follow, and we may not infer that the accident causing the death of Phelps was in any way attributable to Myers’ inexperience or imcompetency. As I read the record, there was no testimony, either direct or circumstantial, that Myers was responsible for (he explosion, or that his acts in any way contributed thereto. Botili Myers and Phelps were killed in the explosion. Whether Phelps was killed as the result of his own or of Myers’ negligence, or Myers…
2Cases cited6 opinions
- Fuller v. Margaret Mining Co.West Virginia Supreme Court · 1908
- Snodgrass v. Carnegie Steel Co.Supreme Court of Pennsylvania · 1896
- Kersey v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1883
- G. C. S. F. Ry. v. SchwabbeCourt of Appeals of Texas · 1892
- Johnston v. Pittsburgh & Western RailroadSupreme Court of Pennsylvania · 1886
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