The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-03-08
OPINIONS RENDERED
IN RAILWAY APPEALS
Corporation Commission Sus.
tanned In Several Im-
p0rtant Gases

! Many decisions, of which q large
proportion related to corporation af
fairs, were handed down by the Su
| CIeme court at the opening of the
March term today.
In the case of the Frisco railway
! VS. r. l.. Johnson, the court decided
tAa a common carrier of passengers
has the right to limit the use OF tick.
cts from date Of sale, provided the
| limitation Is made reasonable. John.
sor attempted TO ride by reason of an
expired ticket. Judgment for John.
| son was reversed.
That the setting on fire OF property
by railroad engines can be proven
by clrcumstantial evidence was held
Ia an opinion by Chief Justice Dunn
in The case OF Shannon against the
Frisco company. He held that the
fact that the engine described in eyi.
dence as having spread the fire turn
ed out to be another owned by the
came company Is not fatal, provided
the engines are alike in construction.
Another railroad case decided was
taat the plaintiff is entitled to dam.
ages when stock is killed by Il loco.
motive in the darkness, which dark
pnss is not adequately relieved by a
headlight. In this case, that OF the
Fort Smith Railway company in ap
reai against l.. c.. Mccormick, Ok
fiGkee county, 1t appeared that the
ieeDle headlight was used and the en-
gineer could not see the COW.
Corporation Commission Sustained
In the case of the Fort Smith and
Wcssrn Railway company from an
order of the corporation commission
the court held that an order cannot
be assailed solely on the ground that
there was not sufficient evidence be.
tnie the commission to warrant the
sciion: such claim does not set
aside the presumption Of re asonable
ness. The judgment of the court be.
low sustaining the commission was
affirmed
A highly important traction case
wns that of the Tulsa Railway com
pany in appeal against the state. The
court held that board Of county
commissioners has no right to con
tact In franchise with a railroad
company to relieve that company
from general supervision regulation
ali1 control The company built a
line to college and the commission
GTs granting a franchise for mile
and half agreed TO limitations of
car servicS. The commission over
ride this provision and ordered bet.
Ter service The district court ve'.
dict against the road was affirmed.
Following are the remainder of TIC
decisions handeU down today:
Grist Of Decisions
j. b. Fisher VS.. s, M. Hussey
McCurtain county: constru tion OF
contract: affirmed.
{. w Joiner VS.. w. J. Goldsmith
Roger Mills county, legality Of promis
sory note. affirmed.
Herring G. Young, Roger Mills coun
! ty question of contract: affirmed.
G. w. Mcdonald VS.. J. J Bailey
Comanche county, affirmed. The
court says: "Replevin will not lie fol
az undivided interest in personal
property"
George w. Bellamy VS.. The Wash
ira Valley Telephone company. receiv
e.ship, Canadian county; reversed
! and remanded.
p t. Brandt VS.. State Bank ol
iunter reversed "An action will moi
lie to recover sum certain when
ever one has the money Of another
wdIch he In equity and good consG
once has no right TO retain
RIscovers Damages For Mare Killed
Fort Smith & western Railway con
pany vs.. Collins. affirmed The case
vas brought because mare was
killed on track 1t was shown tha
she could be seen PROSTATE on the
roadDed 600 feet away and that al
engine going at average speed can bt
stopped within 500 feet Collins re
covers damages.
First National bankSDf Elk City VS.
Walker Huff and w G.. Bowles. re
lWlsed: stipulation on contract; Rog
cr Mills county.
g. H. Eikon VS.. n. e. Hopkins
and Daniel Badeger, dismissed: King
fiaher county.
w. N. Gam vs.. NJ F. Ball, a.
fifmed; surplus land allotment in IL
cisn Territory.
Peaceable Creek Coal company VI
Ara rev Jackson, modified. 4 Goa
lnine Is an Improvement within tn
neaning OF Section 4,Sl7.' From
p'issburg county district conrf. ques
ltioa. liability for personal injuries.
Damage Case Affirmed
| Rock Island Railway vs.. II. r