Choctaw, Oklahoma & Western Railway Co. v. Wilker
Supreme Court of Oklahoma
Error from the District Court of Logan County; before John II. Burford, Trial Judge. STATEMENT OF FACTS. This was an action begun in the district court of Logan count}1', Oklahoma Territory on the 25th day of October, 1902 by the plaintiff against the defendant.
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Error from the District Court of Logan County; before John II. Burford, Trial Judge. STATEMENT OF FACTS. This was an action begun in the district court of Logan count}1', Oklahoma Territory on the 25th day of October, 1902 by the plaintiff against the defendant. In his petition, the plaintiff alleges that the defendant, the Choctaw, 'Oklahoma & Western Railroad Company a corporation, was at the time of said injury, a corporation duly organized and existing under the laws of the Territory of Oklahoma, and as such was empowered by its charter to construct a railroad through the county of Logan.…
1Opinion of the Court
Opinion of the court by
IrwtN, J'.:
There are but two questions presented to the court and argued by counsel for a reversal of the case. While some other assignments of error have been made by the plaintiff, a great many objections were waived in the motion for a new trial, and by the express statement of counsel in their brief, all of the assignments of error, save two, have been waived and abandoned by them, as we find in the very outset of plaintiff in error’s brief. “There are two questions which we will present in this brief and argument, for a reversal of the case, with directions to the…
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