MISSOURI-KANSAS-TEXAS RAILROAD COMPANY v. JONES

No. 38499.

354 P.2d 415 (1960)

MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, A Corporation, Plaintiff in Error, v. James W. JONES, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied May 31, 1960.

Application for Leave to File Second Petition for Rehearing Denied August 2, 1960.


Attorney(s) appearing for the Case

W.A. Thie, Denison, Tex., R.T. Stinson, Durant, Franklin & Harmon, Oklahoma City, for plaintiff in error.

John Allen Phillips, II, Durant, Ratner, Mattox & Ratner, Wichita, Kan., for defendant in error.


BLACKBIRD, Justice.

This appeal involves an action commenced by defendant in error, as plaintiff, to recover damages against plaintiff in error, as defendant, for personal injuries he suffered while using a jack under an insulated tank car in defendant's railroad yard in Oklahoma City. Our continued reference to the parties will be by their trial court designations.

At the time of the accident on September 28th, 1955...

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