McCabe & Steen Construction Company v. Wilson

On June 9, 1902, Wilson, the defendant in error, was injured by the giving way of a railroad bridge across the Canadian river in the territory of Oklahoma. The bridge was on a new line of railroad, which was being constructed from Oklahoma City to Quanah, Texas. The petition, filed October 18, 1902, in the district court of the third judicial district, sitting in and for the county of Oklahoma, charged that the defendant, now plaintiff in error, was a subcontractor and constructing a portion of the railroad, including therein the crossing of the Canadian river; that Wilson was a locomotive fireman employed by the defendant. The circumstances of the injury were stated in the petition, and negligence on the part of the defendant was averred. A trial resulted in a verdict and judgment in favor of the plaintiff for $5,500. This judgment was affirmed by the supreme court of the territory (17 Okla. 355, 87 Pac. 320), and thence brought here by writ of error.

    Messrs. Arthur G. Moseley and Louis B. Eppstein for plaintiff in error.

Messrs. James R. Keaton, John W. Shartel, Frank Wells, and John H. Wright for defendant in error.

Mr. Justice Brewer delivered the opinion of the court: