Opinion

Brotherhood of Railroad Trainmen v. Brown

180 Okla. 489
71 P.2d 742
1937 OK 201
1937 Okla. LEXIS 474

Court: Supreme Court of Oklahoma
Filed: Mar 30, 1937
Status: Published
Author: Welch
On the bench: Bayless, Welch, Osborn, Phelps, Corn, Gibson, Hurst, Davison
Cited by: 6 cases
Authority: More cited than 0.4%

The opinion

WELCH, J.,

(dissenting). I cannot agree that the rule of law as stated in paragraph

*492

1 of the syllabus is correct. I do not think the facts stated are sufficient to necessarily change the action from a jury case to a non jury • one. The majority opinion relies upon Mid-Continent Life Ins. Co. v. Sharrock, 162 Okla. 127 , 20 P. (2d) 154 . It seems to me that the two cases readily, distinguish themselves one from the other, and that the opinion in the Sharrock Case, supra, is not authority for the conclusion reached by the majority opinion in this case.

I, therefore, respectfully dissent.

I am authorized to say that HURST and DAVISON, JJ., concur in these views.

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