The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1912-07-03
SUPREME COURT
DECISIONS

oklahoma City July 2.-Commis.
sioaer Philip D. Brewer Of division No.
2, supreme court commission, gave a
decision Monday, applying the fellow
servant doctrine in Oklahoma and
holding that oil and gas drilling is not
mining in the meaning of the constitu.
tional provision abrogating the com
mon law doctrine of fellow servant"
in cases of employees of railroads,
street railways, interurbans and min
ing companies.
The judgment secured by James A.
Brady of Muskogee county against A.
7. Kreps, Jr, and R. r. Shrewsbury,
well drillers, was reversed. Brady was
employed as an engineer, and fell from
a derrick which he had climbed in an
effort to dislodge the drill.
Where the common law doctrine of
fellow servant has not been abrogat-
ed, the decision said, "or modified by
constitutional or statutory provisions,
the master is not liable to the servant
TO rany injury occasioned by such SER
wants fellow laborers, in the perform
ance of some detail of the common
employment, where the performance
of the thing done in no sense involved
non-delegable duty of the master :"
Other opinions by the commission
were:
BY Judge Brewer: j. G. William
son and Emma Williamson vs. Louisa
Adams, Oklahoma county, dismissed;
Brown, Beane company VS.. ]. G..
Rucker, F. M. Ruckef and e. NJ.
Brown, Rogers, dismissed; Clayton
Lucas, Stella Redale and Flora B. Nor
ris VS.. W. r. Lucas, Pawnee, dismis-
sed; o. F. Haley company VS.. the State
of Oklahoma, Murray, affirmed; G. B.
Lynch and Jay Forsyth VS.. E. L. Hal
sell, Muskogee, affirmed; E. w Carr
VS.. e. J. Bradley, Lincoln, reversed;
ST. Louis and San Francisco Railroad
company VS.. Samuel Little, Marshall,
reversed; Lucy Poloke VS.. Sam Poloke,
Creek, dismissed; Spaulding Manufac-
turing company vs.. A. V. Rolf, r. E.
Galloway and j. F. Floyd, Coal county,
reversed with instructions.
In the case of the o. F. Haley COM
pany VS.. the state, the company
sought the return of shipments of
whiskey, sent from Gainesville to Sui
'phur, Okla The court held that the
company admitted violating the laws
Iof the United States in shipping liquor
into old Indian Territory and that
therefore the doors of the state courts
would be closed to its plea.
Opinions by Judge Harrison st.
LouisLouis and San Francisco Railroad
company VS.. Farmers Union Gin com
pany, Pawnee reversed and remand
ed; L. B. Campbell VS.. r. Vance Nc
Spadden and y. H. Wilson, Craig, af-
tirmed; Perry Milling company VS..
commissioners and sheriff OF Noble
county, affirmed; state on the relation
of County Attorney Hankins of Jack
son county VS.. w. R. Holt S. ]. Payne
and D. B. Wade, Jackson, motion to
dismiss denied; Enid City Railway
company vs. Addie Reynolds, Garfield,
affirmed: Dan Prochnau VS., B b. Mar
tens, Major, dismissed.
Judge Harrison held in the case of
the Enid City Railway company
against Addie Reynolds, that mar
ried woman, though living with her
husband, has a right to her separate
earnings and a natural right to her
health, strength and skill and her ca
pacity to earn and may maintain an
action to recover for injury to either
her statutory right to earn, or her
natural rights.
Opinions by Judge Rosser: Atchi.
son, Topeka & Santa Fe Railroad COM
pany VS.. Harry Homewood, Pottawa-
tonne, reversed and remanded; Smith
Wogan and Price VS.. j. l.. Rice, Co
manche, affirmed; William G.. Sstee
VS.. Rebecca J. Estee, Dewey, affirmed;
]. B. Clawson VS.. C. b. Cottingham and
Ida Cottingham, Usage, affirmed;
Joseph T Turner vs.. Charles e. Tur-
ner, Cleveland, affirmed; Jessie NJ.
Porter VS. Anna s. Void, Alfalfa, af-
firmed; James B, Bell and Pauline Bell
VS.. Daniel Riggs, Jennie Riggs and
the Whine Mortgage company, Kiowa
county, affirmed Chicago Rock Is.
land and Pacific Railway company vs..
A. II. Watson, Pottawatomie, reversed.
The Frisco Good Roads car arrived
today and is on the siding at the