# Riter-Conley Mfg. Co. v. O'Donnell

> Supreme Court of Oklahoma · July 31, 1917 · 64 Okla. 229

URL: https://www.frixlaw.com/law-library/cases/3803671

## Case

- **Full name:** Riter-Conley Mfg. Co. v. O'Donnell
- **Court:** Supreme Court of Oklahoma
- **Decided:** July 31, 1917
- **Citations:** 64 Okla. 229; 168 P. 49; 1917 OK 394; 1917 Okla. LEXIS 631
- **Precedential status:** Published
- **Opinion:** Concurrence by Thacker
- **Judges:** Brett, Hardy, Kane, Miley, Owen, Rain-Ey, Sharp, Thacker, Turner
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3803671

## Opinion text

THACKER, J.
(concurring). I concur in the conclusion reached in this case and in the main in the reasoning of the opinion of the court; but although I think instruction No. 13 erroneous in part against the rights-of the defendant and in part against the rights of. the plaintiff under section 6, art. 23 (Williams’, sec. 355), of our Constitution, I think the error was invited by the defendant and that in the main the instruction was more favorable to it than it was entitled to have the same.
My reasons for saying this instruction was erroneous will appear from an examination of the following cases: St. L. & S. F. R. Co. v. Long, 41 Okla. 177 , 137 Pac. 1156 , Ann. Cas. 1915C, 422, Osage Coal & Mining Co. v. Sperra, 42 Okla, 726, 142 Pac. 1040 ; St. L.
&
S. F. R. CO. v. Hart, 45 Okla 659, 146 Pac. 436 ; Gelruth v. Chas. T. Derr Construction Co., 15 Okla. 103 , 151 Pac. 875 .
And my reasons for concurring notwithstanding such error will be understood from the views expressed in my concurring opinions in the following eases: St. L. & S. F. R. Co. v. Bell, 58 Okla. 84 , 159 Pac. 336 , L. R. A. 1917A, 543; Oklahoma Railway Co. v. Thomas, 63 Okla. 219 , 164 Pac. 120 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3803671. Public record. Not legal advice.