Legal Opinion

Wichita Falls & N. W. Ry. Co. v. Benton

Supreme Court of Oklahoma

Decided January 9, 1917No. 8173PublishedCited by 3 opinions

Error from District Court, Tillman County; T. I’. Clay, Assigned Judge. Action by E. D. Benton against the Wichita Falls & Northwestern Railway Company for damages to live stock in transit. Judgment for plaintiff, and defendant appeals.

1Opinion of the Court

Opinion by

BUREORD, C.

Benton shipped a car of live stock from Ft. Worth to Tipton, Okla., over the lines of the Ft. Worth & Denver and Wichita Falls & Northwestern Railway Companies. The latter was the terminal carrier. Upon the trial of .this action against it for the loss and damage to the cattle it proved that the cattle were in bad condition when delivered to it, and that one was dead. The only evidence of negligence upon its part was the bruised and skinned condition of the cattle. The defendant claimed their condition was due to weakness resulting from dipping in arsenical dip at Ft.…

2Cases cited5 opinions

  1. Chicago, R. I. & P. Ry. Co. v. HarringtonSupreme Court of Oklahoma · 1914
  2. Armstrong, Byrd Co. v. Illinois Cent. R. Co.Supreme Court of Oklahoma · 1910
  3. Parnell v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1912
  4. St. Louis, I. M. & S. Ry. Co. v. CarlileSupreme Court of Oklahoma · 1912
  5. H. T.C.R.R. Co. v. ScottTexas Supreme Court · 1905

3Cited by3 opinions

  1. Town of Watonga v. MorrisonSupreme Court of Oklahoma · 1920
  2. Chicago, R. I. & P. Ry. Co. v. BradshawSupreme Court of Oklahoma · 1927
  3. Clinton Okla. Western R. R. Co. v. SmithSupreme Court of Oklahoma · 1926

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