150 Okla. 177

SHIELDS v. SAND SPRINGS RY. CO.

No. 19484.

Opinion Filed June 30, 1931.

Pont L. Allen, M. A. Breckinridge, and Charles R-. Bostick, for plaintiff in error,

C. B. Stuart, Charles A. Coakley, E. J. Doerner, and P. P. Pinkerton, for defendant in error.

KORNEGAY, ,7.

This was an accident case originating near the city of Tulsa, Okla., where the highway crossed the track of the defendant railroad corporation.

The trial court took the case from the jury. There was some evidence of a failure to give warning: of the approach of the train that was sufficient to have taken it to the jury on tlie subject of primary negligence.

The case should have been submitted to the jury under proper instructions. The judgment of the trial court is accordingly reversed, with directions to grant a new trial.

CLARK, V. C. J., and CULLISON, ANDREWS, and McNElLL, J,T., concur. RILEY, J., dissents. LESTER, O. J., not participating. TIEFNER and SWINDALL, J,L, absent.

Shields v. Sand Springs Ry. Co.
150 Okla. 177

Case Details

Name
Shields v. Sand Springs Ry. Co.
Decision Date
Jun 30, 1931
Citations

150 Okla. 177

Jurisdiction
Oklahoma

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