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CHICAGO, R.I. & PAC. RY. CO. v. COLE

No. 290.

251 U.S. 54 (1919)

CHICAGO, ROCK ISLAND & PACIFIC RAILWAY COMPANY v. COLE, ADMINISTRATRIX OF ROBERTS, ETC.

Supreme Court of United States.

Decided December 8, 1919.

Attorney(s) appearing for the Case

Mr. W.A. Ledbetter, Mr. H.L. Stuart, Mr. R.R. Bell and Mr. E.P. Ledbetter, for defendant in error, in support of the motion.

Mr. R.J. Roberts and Mr. C.O. Blake, for plaintiff in error, in opposition to the motion.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is an action brought by the defendant in error for knocking down and killing her intestate, Roberts. He stepped upon the railroad track when a train was approaching in full view and was killed. It may be assumed, as the State Court assumed, that, if the question were open for a ruling of law, it would be ruled that the plaintiff could not recover. But the Oklahoma Constitution provides that "the defense of...

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