Foster Lumber Co. v. Arkansas Valley & W. Ry. Co.
Supreme Court of Oklahoma
Okla. T. Error from District Court, Nolle County. Action for damages by the Foster Lumber Company against the Arkansas-Valley & Western Railway Company. Judgment for defendant and plaintiff brings error.
Read the full summary
Okla. T. Error from District Court, Nolle County. Action for damages by the Foster Lumber Company against the Arkansas-Valley & Western Railway Company. Judgment for defendant and plaintiff brings error. This action was brought by the plaintiff in error as plaintiff in the district court of Noble county, Oklahoma Territory, against defendant in error as defendant, seeking to recover damages alleged to have been sustained by plaintiff in error on account of the construction of a railway by the defendant in error upon one of the streets in the city of Perry. Plaintiff alleges in its petition…
1Opinion
ON EEHEAEING.
Opinion Filed March 9, 1909. Former Opinion Adhered to.
Hates, J.
We are asked on rehearing in this case to reverse the opinion rendered by this court on the original hearing, for the reason that it conflicts with the following decisions of the Supreme Court of the United States: Northern Transportation Company v. Chicago, 99 U. S. 635; Gibson v. United States, 166 U. S. 269, and Scranton v. Wheeler, 179 U. S. 141. The decisions of the Supreme Court of the United States upon rules of law were controlling upon the courts of the territory of Oklahoma at the time this case originated…
2Cases cited23 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Scranton v. WheelerSupreme Court of the United States · 1900
- Gibson v. United StatesSupreme Court of the United States · 1897
- Sauer v. City of New YorkSupreme Court of the United States · 1907
- Lyng v. MichiganSupreme Court of the United States · 1890
18 more not listed; retrieve them via the Exa API.