CAIN v. ST. LOUIS-SAN FRANCISCO RAILROAD COMPANY

No. 36590.

293 P.2d 355 (1955)

Maedean CAIN, for herself, and as natural guardian and next best friend of her minor children, Connie Sue Cain, Jessie Jo Cain and David Wayne Cain, Plaintiffs in Error, v. ST. LOUIS-SAN FRANCISCO RAILROAD COMPANY, a foreign corporation, Morgan Edward Odom and Audie B. Wolfe, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied January 10, 1956.

Application for Leave to File Second Petition for Rehearing Denied February 4, 1956.


Attorney(s) appearing for the Case

Dickey, Terry & Richard, Tulsa, Jack Sellers, Drumright, for plaintiffs in error.

Satterfield, Franklin & Harmon, Oklahoma City, James L. Homire, St. Louis, Mo., for defendants in error.


CORN, Justice.

This appeal resulted from an action brought to recover damages for alleged wrongful death of plaintiffs' decedent in a railroad crossing accident. The accident occurred at a point where West 21st street, also called Mideo Road, in Tulsa County, is crossed by the defendant railroad's spur track which serves industrial plants in the vicinity. Shortly before 4 A.M. on the morning of June 17, 1953, one of defendant...

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