JOHNSON, Vice Chief Justice.
The parties occupied reverse relative positions in the trial court, and they will be so referred to herein.
The plaintiff, Alvie McDougal, sued the Rock Island Ry. Co. for $10,953.82 for damages to his truck and personal injury sustained by him when defendant's Diesel switch engine backed into his truck while he was crossing the defendant's track on the outskirts of Hartshorne, Oklahoma, on March 31, 1951, just after dark.
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