Public-domain · open source
OpenJurist

130 Okla. 145

265 P 1048

Ruby v. Barrett

Supreme Court of Oklahoma

Decided April 3, 1928

Supreme Court of Oklahoma · decided 1928-04-03

Relies on Norman v. Lambert · Federal Nat. Bank v. Sartin · Milburn v. Miners' & Citizens' Bank

Good law ✅— No negative treatment on recordhow we know

Decided 1928-04-03

How this case has been cited

Cited by 5 later decisions — most recently March 2001

5 state decisions

20192819301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

TBE3HEE, C.

¶1 In this cause the parties appear as in the trial court. There plaintiffs sued in damages for the death of their child caused by injuries inflicted by defendant through his alleged negligent operation of an automobile. Defendant answered by denial, and also interposed the defense of contributory negligence. The cause was tried to a jury, with the verdict and judgment thereon for the defendant. Of this plaintiffs complain on grounds that go to the sufficiency of the evidence to sustain the verdict and judgment, which objections were first raised in the trial court by their motion for a new trial. For that reason defendant makes the point that plaintiffs’ appeal is ineffective to call into exercise the appellate jurisdiction of this court.

¶2 It has been repeatedly laid down as a rule of review that a motion for a new trial does not operate to supply that challenge of the sufficiency of the evidence in the trial court requisite to enable a consideration thereof on appeal. Norman v. Lambert, 64 Okla. 238, 167 Pac. 213; Milburn v. Miners’ & Citizens’ Bank, 101 Okla. 281, 226 Pac. 44; Federal *146 National Bank v. Sartin, 114 Okla. 244, 240 Pac. 617.

¶3 In' the state of the record, therefore, the grounds urged by plaintiffs for reversal of this cause cannot be considered, and for that reason the judgment of the trial court is affirmed.

BENNETT, FOSTER, REID, and LEACH, Commissioners, concur.

¶4 By the Court: It is so ordered.

/130/okla/145 · .json · Public domain