The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1912-07-05
SUPREME COURT
DECISIONS


sioner Philip D. Brewer Of division No.
?, supreme court commission. gave a
decision Monday, applying the fellow
servant doctrine in Oklahoma and
iholding 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 commcn
employment, where the performance
of the thing done in no sense involved
a non-delegable duty of the master"
Other opinions by the commission
were;
BY Judge Brewer: ]. C. William-
son and Emma Williamson VS.. Louisa
Adams, Oklahoma county, dismissed;
Brown, Beane company VS.. j. q.
Rucker, f. M. Rucker and E. M.
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.. II. Il. Hal
sell, Muskogee, affirmed; q. w. Carr
VS.. 3. J Bradley Lincoln, reversed:
st. Louis and San Francisco Railroad
company VS.. Samuel Little, Marshall,
reversed; Lucy Poloke vs. Sam Poloke,
Greek, dismissed; Spaulding Manufac-
turing company VS.. A. v. Roff, r. y.
Galloway and J. F. Floyd Coal county,
reversed with Instructions.
In the case of the O. r. 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
of 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 D. II. Wilson, Craig, af-
firIned; 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 Us. 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 right to her separate
earnings and natural right to her
health, strength and skin 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-
tomie, reversed and remanded; Smith
Wogan and Price VS.. ]. L. Rice, Co
manche, affirmed; William G. Sstee
VS.. Rebecca J. Estee, Dewey, affirmed:
j B. Clawson VS.. c. B. Cottingham and
Ida Cottingham, Osage affirmed;
Joseph 7. Turner vs. Charles E. Tur-
ner, Cleveland, affirmed; Jessie NJ.
Porter vs. Anna s. Wold. 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. H. Watson, Pottawatomie, reversed
The Frisco Good Roads car arrived