ATCHISON T. & S. F. RY. CO. v. CLARK

ATCHISON T. & S. F. RY. CO. v. CLARK
1926 OK 225
244 P. 769
117 Okla. 52
Case Number: 16363
Decided: 03/16/1926
Supreme Court of Oklahoma

ATCHISON, T. & S. F. RY. CO.
v.
CLARK.

Syllabus

¶0 1. Carriers--Damages to Live Stock--Proof of Negligence as Proximate Cause.
The evidence must show that the negligent acts charged by the plaintiff were the proximate cause of the injury suffered by the plaintiff, in order to sustain a verdict and judgment against the defendant.
2. Same--Insufficiency of Evidence.
Record examined; held, to be insufficient to support judgment in favor of the plaintiff.

Commissioners' Opinion, Division No. 4.

Error from County Court, McClain County; Tom P. Pace, Judge.

Action by Roy E. Clark against the Atchison, Topeka & Santa Fe Railway Company. Judgment for the plaintiff, and defendant brings error. Reversed and remanded.

Cottingham McInnis & Green, F. G. Anderson, and M. M. Gibbens, for plaintiff in error.
F. A. Groenendyke, for defendant in error.

STEPHENSON, C.

¶1 The plaintiff commenced his action against the defendant for damages alleged to have been suffered by the former on account of a shipment of cattle transported by the defendant. The trial of the cause resulted in judgment for the plaintiff. The defendant has appealed the cause, and assigns as error that the verdict and judgment are contrary to the law and the evidence.