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KANSAS, OKLAHOMA & GULF RY. CO. v. SEARCY

No. 34723.

206 Okla. 1 (1952)

240 P.2d 440

KANSAS, OKLAHOMA & GULF RY. CO. v. SEARCY et al.

Supreme Court of Oklahoma.

Rehearing Denied February 5, 1952.

Attorney(s) appearing for the Case

Warren & Warren, Holdenville, and James D. Gibson, Muskogee, for plaintiffs in error.

Marvin Balch and Bob Rives, Holdenville, for defendant in error.

CORN, J.

This action was begun in the justice court to recover the value of two animals run over and killed by defendant's freight train. Plaintiff Searcy's cause of action was for $95, the value of a mule. Plaintiff Blaylock sought $100, the value of a horse. The bill of particulars alleged the animals strayed upon the track without fault on plaintiffs' part, and were killed as a result of defendant's negligence: (1) in failing to maintain the cattle guard properly...

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