Oklahoma Railway Co. v. Hentzen

2 Citing cases

  1. City of Okmulgee v. Shelton

    240 P.2d 764 (Okla. 1952)

    The city of Okmulgee introduced a map in evidence and contends that it is an exact measurement and that it must be accepted as true. Nowhere does the record show that this is an exact measurement and undoubtedly the jury was not sufficiently impressed with this exhibit. This court has held many times that where there is evidence reasonably tending to support the verdict it will not be set aside upon appeal. Oklahoma Ry. Co. v. Hentzen, 200 Okla. 364, 194 P.2d 847; Cole v. Harvey, 200 Okla. 564, 198 P.2d 199, and State ex rel. Commissioners of Land Office v. Du Bose, 200 Okla. 596, 198 P.2d 646. There being evidence reasonably tending to support the verdict, the judgment is affirmed.

  2. Pact Gas Co. v. Baker

    218 P.2d 912 (Okla. 1950)   Cited 4 times

    The evidence was in irreconcilable conflict and presented a question of fact. Thus the question as to the existence of negligence, and whether such negligence was the proximate cause of the injury sustained, was for the jury to determine from such conflicting evidence. Oklahoma Natural Gas Co. v. Courtney, 182 Okla. 582, 79 P.2d 235. And, where there is competent evidence to sustain the jury's verdict, the same will not be disturbed on appeal. Oklahoma Ry. Co. v. Hentzen, 200 Okla. 364, 194 P.2d 847; Cole v. Harvey, 200 Okla. 564, 198 P.2d 199. Under the third contention it is urged that if the gas which caused the explosion came from plaintiffs' service line, then defendant could not be liable, since defendant was under no duty to repair this service line. Under the rule laid down in Okmulgee Gas Co. v. Kelley et al., 105 Okla. 189, 232 P. 428, undoubtedly this is correct.