ORDNER v. REIMOLD

No. 6264.

278 F.2d 532 (1960)

John E. ORDNER, Administrator of the Estate of Arnold W. Ogren, Deceased, Appellant, v. Fred Charles REIMOLD, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied June 18, 1960.


Attorney(s) appearing for the Case

Joseph A. Sharp, Tulsa, Okl. (Bryan W. Tabor, O. H. "Pat" O'Neal, Tulsa, Okl., and Rucker, Tabor & Cox, Tulsa, Okl., on brief), for appellant.

Charles G. Huddleston and Frank Carter, Enid, Okl., for appellee.

Before MURRAH, Chief Judge, and BRATTON and LEWIS, Circuit Judges.


MURRAH, Chief Judge.

In this diversity wrongful death action, arising out of an automobile accident in Oklahoma, the only question here is whether the trial court properly refused, upon timely request, to instruct the jury on combined and concurrent negligence of the defendant-appellee and the driver of the automobile in which the decedent was a passenger at the time of the accident. It is the law in Oklahoma, as elsewhere...

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