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(Download) "Smittle v. Illingsworth" by Division No. 2 Court of Appeals of Oklahoma # eBook PDF Kindle ePub Free

Smittle v. Illingsworth

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eBook details

  • Title: Smittle v. Illingsworth
  • Author : Division No. 2 Court of Appeals of Oklahoma
  • Release Date : January 03, 1962
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 56 KB

Description

1 This litigation was occasioned by a motor vehicle collision occurring on March 8, 1957, at approximately 10:00 p.m. While driving his 1947 Chrysler automobile west on Pine Street in Tulsa, Oklahoma, James H. Illingsworth - plaintiff below and defendant in error on appeal - was struck by a 1956 Chevrolet car travelling in the opposite (easterly) direction. The collision took place on Pine Street a short distance east of Lynn Lane Road. Plaintiff, who sought damages for injuries sustained in this accident, instituted the present action against Bill Burrell and Robert S. Smittle, alleging, among other things, that he was struck by a 1956 Chevrolet automobile, being driven at that time "by one or the other" defendant "over the centerline" (of Pine Street) and "at a reckless, excessive rate of speed". The trial court discharged the jury after sustaining a demurrer to the evidence interposed by each of the defendants. On plaintiffs motion a new trial was allowed as against defendant Smittle only. This is an appeal by Smittle who complains of error in granting a new trial. The correctness of the lower courts decision, insofar as it affects defendant Burrell, is not challenged and does not concern us on this appeal. Our reference to the parties before us will be by their names or designation below.


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