Guthrie Western Railway Co. v. Rhoades

Supreme Court of Oklahoma

Guthrie Western Railway Co. v. Rhoades

1903 OK 27, 73 P. 1134, 12 Okla. 565, 1903 Okla. LEXIS 29

DecidedJune 6, 1903

StatusPublished

This text of 1903 OK 27 (Guthrie Western Railway Co. v. Rhoades) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Guthrie Western Railway Co. v. Rhoades, 1903 OK 27, 73 P. 1134, 12 Okla. 565, 1903 Okla. LEXIS 29 (Okla. 1903).

Pincite

Opinion

Opinion of the court by

Irwin, J.:

Plaintiff in error claimed that this case was tried by the court below upon the theory that the railway company obtained a fee simple title to the right of way taken, and instructed the jury upon this theory. This is the only error assigned on which a reversal is sought. On an examination of *566 the record, we find this case to be exactly on the same point and involves exactly the same principles as ease 1207, Guthrie & Western Railway Company v. Faulkner, decided at this present term, and reported in this volume, and for the reasons therein given, and the views therein expressed, this case is affirmed, at the cost of the plaintiff in error.

Burford, C. J., who presided in the court below, not sitting; all the other Justices concurring.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion of the court by

Irwin, J.:

Plaintiff in error claimed that this case was tried by the court below upon the theory that the railway company obtained a fee simple title to the right of way taken, and instructed the jury upon this theory. This is the only error assigned on which a reversal is sought. On an examination of *566 the record, we find this case to be exactly on the same point and involves exactly the same principles as ease 1207, Guthrie & Western Railway Company v. Faulkner, decided at this present term, and reported in this volume, and for the reasons therein given, and the views therein expressed, this case is affirmed, at the cost of the plaintiff in error.

Burford, C. J., who presided in the court below, not sitting; all the other Justices concurring.

Cite This Page — Counsel Stack

Bluebook (online)

1903 OK 27, 73 P. 1134, 12 Okla. 565, 1903 Okla. LEXIS 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guthrie-western-railway-co-v-rhoades-okla-1903.