Chicago, Rock Island & Pacific Railway Co. v. Stibbs
Supreme Court of Oklahoma
Error from the District Court of Grant County; before James K. Beauchamp; Trial Judge. STATEMENT OI? PACTS. This was an action for personal injuries brought in the district court of Grant county,' by John Stibbs, defendant in error, against The Chicago, Bock Island & Pacific Bailway Company, plaintiff in error. The facts, briefly stated, are that the plaintiff was a lawful passenger on the defendant's train, having purchased at Kansas City a ticket to Medford, Oklahoma.
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Error from the District Court of Grant County; before James K. Beauchamp; Trial Judge. STATEMENT OI? PACTS. This was an action for personal injuries brought in the district court of Grant county,' by John Stibbs, defendant in error, against The Chicago, Bock Island & Pacific Bailway Company, plaintiff in error. The facts, briefly stated, are that the plaintiff was a lawful passenger on the defendant's train, having purchased at Kansas City a ticket to Medford, Oklahoma. That about the hour of three o’clock on the morning of March 14, 1903, at a point near Dwight, Kansas; the train collided…
1Opinion of the Court
Opinion of the court by
Hainer, J.:
The first error assigned and argued is that the court erred in striking out certain portions of the affidavit of Paul E. Walker for continuance, and which was treated as the deposition of the absent witness, Bert Streets, under the provisions of section 329 of our code of civil procedure, page 816, Statutes of 1893. The portions stricken out were merely the opinion or conclusion of the witness, and not a statement of fact. It is not error for the court to strike from a deposition, or exclude from the evidence of a witness, any statement or answer which is…
2Cases cited15 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Vicksburg & Meridian Railroad v. PutnamSupreme Court of the United States · 1886
- Railroad Co. v. BarronSupreme Court of the United States · 1867
- The" City of Panama"Supreme Court of the United States · 1880
- Amos Wade v. Jacob R. Leroy and Henry E. PierrepointSupreme Court of the United States · 1858
10 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Simmons v. LeightonSouth Dakota Supreme Court · 1932
- Byre v. WieczorekSouth Dakota Supreme Court · 1974
- St. Louis S. F. R. Co. v. NicholsSupreme Court of Oklahoma · 1913
- Atchison, Topeka & Santa Fe Railway Co. v. CalhounSupreme Court of Oklahoma · 1907
- Federal Oil & Gas Co. v. CampbellSupreme Court of Oklahoma · 1917
12 more not listed; retrieve them via the Exa API.