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ATCHISON, TOPEKA AND SANTA FE RAILWAY CO. v. MESSMORE

No. 37919.

339 P.2d 779 (1959)

ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Corporation, Plaintiff in Error, v. Harold R. MESSMORE, Administrator of the Estate of A. Poyntz Haskins, Deceased, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied May 26, 1959.

Attorney(s) appearing for the Case

Rainey, Flynn & Anderson, Oklahoma City, for plaintiff in error.

Cargill, Cargill & Chaif, Oklahoma City, for defendant in error.

BLACKBIRD, Justice.

This action arose out of the death of A. Poyntz Haskins as a result of a collision between said decedent's automobile, which he was driving, and one of plaintiff in error's passenger trains at the place where a paved highway, commonly referred to as "Memorial Road" or "Memorial Boulevard", crosses plaintiff in error's railroad track, north of Oklahoma City. The accident occurred about 9:45 A.M., on July...

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