The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1911-11-20
MENTAL ANGUISH DAMAGES
ALLOWED BY COMMISSION

against railway company for the kill
ing of some cattle the supreme court
holds that, in county
where the herd law is in force, it is err
ror for the court to instruct the jury
that is the duty of the employees of the
railways to exercise reasonable Gaze to
discover animals on the tract In
such a case, the court holds it is only
the duty of the employees of the road
to exercise reasonable care to avoid
injury to ANIMALS after they are dis
covered. The opinion is by Commits
sioner Rosser in supreme court COM
mission division No ?, and the case is
reversed and remanded to the district
court Of Woodward county
Division No. of the commission
handed down about forty opinions,
many of which, however, involved tech
nical law questions.
That woman when she proves
breach of promise to marry without
any fault on her part, can recover for
mental anguish, modification and loss
of health in addition to pecuniary dam
ages, was held by Commissioner Har-
rison in connection with the case of
Robert S. Waddell VS.. Daisye Wallace
from the district court of Creek county
which is affirmed. The woman sued
Waddell in the United States court OF
the western district of Indian Territory
for $22,52O damakes. The case was
transferred at statehood to the district
court of Creek county, where Miss
Wallace recovered $4,000 damages. The
court also holds that an action foi
breach of promise may be maintained
even though the defendant was married
to another woman at the time if the
woman to whom he becomes engaged is
ignorant of that fact
The commission holds, in an opin
ion by Commissioner Brewer, tha
where a passenger is elected from {
train, without fault on his part, and re
covery is warranted by the evidence
he may recover a reasonable sum TO
insult an dinjured feelings even though
the conductor did not use violence an,
was without blame in the premises
| Thu so thai nf tri Iyot1
company vs. Paul Yount, from Conan
che county, where Yount recovere,
$500 damages. The judgment is al
Ifirmed.
Holding that it is error to refuse
new trial upon a motion showing new
ly discovered evidence that would shov
the injuries were less serious tha
shown at the trial, the court reverse
and remanded the case from Tillma
county in which J. s. Hurley recovere
$1,000 damages from the Frisco for il
juries alleged to have been receive
while driving to a freight car place
on the company's switch tracks.
In another case appealed by tn
: Frisco in which J. A. Piburn recovere
judgment for $1,000 in the distriC
court of Garfield county against tn
railroad for injury to four carloads {
sheep shipped from Texline, Tex,
Lamont, OKLA, the judgment of tn
, lower court is affirmed. COMMISSIONS
: Harrison holds that the United State
! statute requiring the unloading fC
= rest, feed and water of live stock {
! stated intervals during shipment give
+ the shipper cause of action if theS
. requirements are not complied wit
v which will lie in state court.
q Under the laws in force in India
r Territory married woman could co
vey title to her land the same as
she were single according to an OPT
n ion by Commissioner Brewer in affirI
|. ing the case of Maratha Adkins v
q Henry c. Arnold, ct al, from Hugh
l. county.
h In affirming the case of E. P. Sui
e van VS.. J. Standiffer ct al, from Il
a county court of Haskell county, Coz
Il missioner Brewer holds that motto
e for continuance naccount of absen
of witnesses where no diligence w
shown in procuring such witnesse
was properly oyerruled.
In affirming the action of the d
trict court of jefferson county in thro
& ing out of court upon demurrer. the 6
tion for damages brought by Hen
Rogers against the Rock Island ra
way the commission holds that whe
the plaintiff was standing in the midd
of the company's switch track at m
night without invitation of the compa
and the employees of the company h
no knowledge of his presence the
such plaintiff was not entitled to
cover.
The action of the district court
Muskogee county in denyino IN injul
3 ton against collection Of taxes
H cauca of aIIered errors in assessme