The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1913-01-09
ROAD IS LIABLE
FOR FALSE ARREST

Oklahoma City, Jan. 9.-When a
train auditor causes the arrest and
handcufhng of a passenger on the
train, and then orders the arresting
officer to release the passenger at the
latters' destination and no charges are
filed against the passenger, the rail
road company employing the auditor
is liable in monetary damage for such
false arrest. This was the ruling
Tuesday of the supreme court of Ok
lahoma, all judges concurring, in an
opinion handed down.
According to the opinion, Hugh c..
Radford, purchased from "scalper' in
Enid, OR'o., a passenger ticket to Ell
Reno, Okla, over the Chicago, Rock
Island a Pacific railroad.
The train auditor refused to accept
the ticket and demanded of Radford
cash fare. Radford refused to pay
cash fare, and the train auditor, no
ticing on the train a deputy sheriff
with a prisoner, had the deputy arrest
Radford, charging that the latter had
forged the name of the original owner
Of the ticket.
Radford was arrested and handcuffed
by the deputy and compelled to sit
alongside the other prisoner. AT King
fisher, Okla, the auditor instructed the
deputy sheriff to release Radford and
permitted the latter to continue his
Journey to Kingfisher. Radford brought
suit against the company, for the al
legged mistreatment, and was awarded
a judgment by District Judge A. H.
Huston of Kingfisher county for $625,
from which decision the railroad com
pany appealed
Other Court Opinions.
Other opinions rendered by the
court were; F. A. Nelson, plaintiff
in error, VS.. Cynthia Alberty, appealed
from Usage county, affirmed The SUI
preme court in this case held that the
removal of restrictions from an Usage
Indian, would not permit a previous
judgment creditor to cloud the title to
the Indians land by continuing the
judgment on record.
In the case of the Muskogee Electric
Traction company, plaintiff in error,
VS.. Eta Mclntire, the court affirmed a
judgment of the district court of Mus
kogee county granting $1,000 against
the company for personal injuries.
That the statutes of limitation are
no bar to civil suit where the defend
ant kept from the knowledge of the
plaintiff the cause of his injury, was
held by the court in the case of Leroy
q. Waught vs.. the Guthrie Light and
Fuel company, Waught was injured
by the explosion of a water pipe, dur /
ing the year of 1907, and did not dis
cover until two years later, that the
explosion was caused by gas escap- |
ing through defective pipe of the
gas company, into the water pipe. The
defendant company demurred 70 thel
plaintiffs petition on the ground that
the statutes of limitation had oper-
ated, and the lower court sustained
the demurrer The case was remanded,
with in structions to overrule the de-
murrer.
In the case of James X Kepley.
plaintiff in error, VS.. r. B. Dingman,
from Creek county, the court
held the trial judge had the right to
continue case one day, in order that
deposition filed in the case could have
the necessary legal existence of twenty
four hours.
The court partially affirmed and par
TALLY reversed the district COURT of
Usage county in the case of Midland
Valley railroad company, plaintiff in
error, VS.. H. g. Ezell The court found
that the railroad company should not
have permitted Ezell's cattle to dring
the crude oil in which they had been
dipped, and affirmed the part Of the
lower courts finding but remanded the
case becalse of the Introduction of in
testimony The cattle were (
shipped from Fort Worth, Texas, and {
while being dipped at Foraker, Okla, '
were turned into an adjacent pen to
drip, and while there drank the oil.
That bank could not accept pay t