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BRODSKY v. ATCHISON, TOPEKA & SANTA FE RAILWAY CO.

No. 39113.

368 P.2d 852 (1961)

Phyllis P. BRODSKY, Plaintiff in Error, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a corporation, et al., Defendants in Error. Marion BRODSKY, Plaintiff in Error, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a corporation, et al., Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied January 23, 1962.

Application for Leave to File Second Petition for Rehearing Denied February 20, 1962.

Attorney(s) appearing for the Case

Landrith & McKee, Tulsa, for plaintiffs in error, W. Timothy Dowd, Tulsa, of counsel.

Rainey, Flynn & Welch, Oklahoma City, for defendants in error.

JACKSON, Justice.

Marion Brodsky and his wife were injured as a result of an accident at a railroad crossing on a heavily travelled Tulsa street. They filed their separate action for damages against the defendant, Atchison, Topeka and Santa Fe Railway Company, and in the trial court defendant's demurrers to the petitions were sustained upon the ground there were no sufficient allegations of proximate cause. Plaintiffs have...

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