Choctaw, O. & G. R. Co. v. O'Nesky
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Central District of the Indian Territory; before Justice W. H. H. Clayton, April 2, 1903. Action by John O’Nesky against the Choctaw, Oklahoma & Gulf Railroad Company. From a judgment for plaintiff, defendant appeals.
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Appeal from the United States Court for the Central District of the Indian Territory; before Justice W. H. H. Clayton, April 2, 1903. Action by John O’Nesky against the Choctaw, Oklahoma & Gulf Railroad Company. From a judgment for plaintiff, defendant appeals. On March 28, 1903, the plaintiff (appellee) filed his amended complaint at law against the defendant (appellant), and alleged that the defendant on September 30, 1899, was mining coal at Hartshorne, I. T., in its mine or shaft No. 1, in which it had and maintained entry No. 2 north, by which its employes reached room 9 on said entry;…
1Opinion of the CourtTownsend, J.
(after stating the facts). The appellant has filed assignment of errors as follows: “(1) The. court erred in admitting the testimony of Charles Guffy tending to show that it was defendant's duty to inspect the mine. (2) The court erred in admitting the • testimony of Hugo Metzek tending to show that a mine'of that nature should be inspected frequently, and tending to show that it should be inspected after every firing of shots. (3) The court erred in permitting the plaintiff to prove that it was defendant's duty to inspect frequently a mine of that nature. (4) The court erred in refusing to…
Also in this document: Concurrence.
2Cases cited14 opinions
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- De Graff v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1879
- Evansville & Terre Haute Railroad v. HolcombIndiana Court of Appeals · 1894
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3Cited by2 opinions
- Osage Coal & Mining Co. v. SperraSupreme Court of Oklahoma · 1914
- Harvey v. Chas. R. McCormick Lumber Co.Washington Supreme Court · 1928