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

No. 34693.

207 Okla. 567 (1952)

251 P.2d 178

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

Supreme Court of Oklahoma.

Rehearing Denied December 16, 1952.


Attorney(s) appearing for the Case

Chas. P. Gotwals and James D. Gibson, Muskogee, and Anglin & Stevenson, Holdenville, for plaintiff in error.

Gomer Smith and Gomer Smith, Jr., Oklahoma City, for defendant in error.


BINGAMAN, J.

This is an action for damages for wrongful death brought by the plaintiff, Martha Elner Collins, administratrix of the estate of James Edward Collins, deceased, against the Kansas, Oklahoma & Gulf Railway Company. The trial court submitted the cause to a jury, which returned a verdict for plaintiff, and defendant appeals.

From the record it appears that the deceased, who was 73 years old at the time he was killed, was driving a pickup truck...

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