McCabe & Steen Construction Co. v. Wilson
Supreme Court of Oklahoma
Error from the District Court of Oklahoma County; before B. F. Burwell, Trial Judge. STAT73MJENT of facts. This is an action wherein the defendant in error, Wm. N. Wilson, sfeeks to recover damages from the plaintiff in error, McCabe and Steen Construction Company, for injuries that he claims to have received while acting in the capacity of a locomotive fireman, for the said construction company.
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Error from the District Court of Oklahoma County; before B. F. Burwell, Trial Judge. STAT73MJENT of facts. This is an action wherein the defendant in error, Wm. N. Wilson, sfeeks to recover damages from the plaintiff in error, McCabe and Steen Construction Company, for injuries that he claims to have received while acting in the capacity of a locomotive fireman, for the said construction company. The defendant in error was a locomotive fireman, and for some months prior to the accident in question was firing on a construction engine. A new line of railroad was being constructed by the…
1Opinion of the Court
Opinion of the court by
Gillette, J.:
The first assignment of error is the refusal of the court below to give the instructions presented and asked for by the defendant construction company. The record discloses the request for these instructions and then recites:
“Whereupon the court refused to give said instructions, or any of them, to the jury, to which ruling and refusal of the court the defendant then and there duly excepted.”
Our statute prescribed the method of taking exceptions to instructions, and in order to make up a record preserving exceptions to refused instructions, there must be a…
2Cases cited19 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
- Union Pacific Railway Co. v. DanielsSupreme Court of the United States · 1894
- Union Pacific Railway Co. v. O'BrienSupreme Court of the United States · 1896
14 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Chickasaw Compress Co. v. BowSupreme Court of Oklahoma · 1915
- Cosden Pipe Line Co. v. BerrySupreme Court of Oklahoma · 1922
- Eisminger v. BemanSupreme Court of Oklahoma · 1912
- Big Jack Mining Co. v. ParkinsonSupreme Court of Oklahoma · 1913
- Higgins v. StreetSupreme Court of Oklahoma · 1907
24 more not listed; retrieve them via the Exa API.