Chicago, Rock Island & Pacific Railway Co. v. Mitchell
Supreme Court of Oklahoma
Error from the District Court of Comanche County; before F. E. Gillette, Trial Judge. STATEMENT OF FACT. This was an action commenced in the district court of Comance county on the 36th day of September, 1903, to recover from the defendant damages for the breach, of a certain contract set forth in the petition of plaintiff.
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Error from the District Court of Comanche County; before F. E. Gillette, Trial Judge. STATEMENT OF FACT. This was an action commenced in the district court of Comance county on the 36th day of September, 1903, to recover from the defendant damages for the breach, of a certain contract set forth in the petition of plaintiff. By the terms of the petition it is alleged: That the defendant was a railway corporation, and during and between the 15th of July, 1901, and the 15th of August, 1901, E. W. Thompson was its assistant general passenger and transfer agent west of the Missouri river, and as…
1Opinion of the Court
Opinion of the court by
Irwin, J.:
A reversal of this case is asked for on three grounds: First, the evidence does not support the allegation that a contract was actually made. This is .purely a question of fact, and there is evidence in the record for and against the proposition. To say the least, it is conflicting, and we are not prepared, on an examination of the record, to say that the evidence does not reasonably tend to support the findings of the jury, and, under the well-recognized and oft-repeated rule of this court, the verdict of the jury will not be disturbed by this court for this…
2Cases cited1 opinion
- Board of County Commissioners v. IsenbergSupreme Court of Oklahoma · 1900
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- Alfred v. St. Louis, I. M. & S. Ry. Co.Supreme Court of Oklahoma · 1914
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