ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY v. McBRIDE

No. 38918.

376 P.2d 214 (1961)

ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, a Corporation, Plaintiff in Error, v. Elmo E. McBRIDE, Defendant in Error.

Supreme Court of Oklahoma.

As Amended March 13, 1962.

Rehearing Denied March 13, 1962.

Application for Leave to File Second Petition for Rehearing Denied November 28, 1962.


Attorney(s) appearing for the Case

James L. Homire, St. Louis, Mo., Rupert Fogg, El Reno, Franklin & Harmon, Oklahoma City, for plaintiff in error.

Rinehart, Rinehart & Rinehart, El Reno, Ratner, Mattox & Ratner, Wichita, Kan., for defendant in error.


BLACKBIRD, Vice Chief Justice.

On May 9, 1956, defendant in error, a switchman for plaintiff in error, slipped off one of its boxcar's steel ladders, while the car was moving in the Tulsa railroad yards, and injured his left arm and wrist. After being treated for the injuries he returned to his regular job on July 3rd, 1956.

As plaintiff, he thereafter, in October of that year, instituted the present action under...

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