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MISSOURI-KANSAS-TEXAS-RAILROAD COMPANY v. WARDLOW

No. 5942.

262 F.2d 681 (1959)

MISSOURI-KANSAS-TEXAS-RAILROAD COMPANY, a corporation, Appellant, v. Robert W. WARDLOW, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied January 30, 1959.

Attorney(s) appearing for the Case

Harry D. Moreland, Tulsa, Okl. (W. A. Thie, Denison, Tex., and E. J. Doerner, Tulsa, Okl., were with him on the brief) for appellant.

Bryan W. Tabor, Tulsa, Okl. (Imogene H. Harris, Ungerman Grabel, Ungerman, Leiter & Unruh; Rucker, Tabor & Cox; Joseph A. Sharp, and Joseph M. Best, Tulsa, Okl., were with him on the brief) for appellee.

Before BRATTON, Chief Judge, and PICKETT and BREITENSTEIN, Circuit Judges.

PICKETT, Circuit Judge.

This is an appeal from a judgment entered on a jury verdict, in favor of the plaintiff, in a railroad crossing accident case. The railroad company concedes its negligence and presents the single question of whether the plaintiff was guilty of contributory negligence as a matter of law.

The company maintained and operated a railroad running east and west through the business district and across heavily traveled Main Street in Sand Springs...

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