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ELMS v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD CO.

No. 39535.

375 P.2d 886 (1962)

Otis ELMS, Plaintiff in Error, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, a foreign corporation, and Eugene Bernard, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied June 26, 1962.

Application for Leave to File Second Petition for Rehearing Denied September 18, 1962.

Attorney(s) appearing for the Case

Brown, Brown & Brown, McAlester, Preslie H. Brown, Ellis M. Brown, McAlester, of counsel, for plaintiff in error.

Robert E. Shelton, of Savage, Gibson, Benefield & Shelton, Oklahoma City, for defendant in error Chicago, R.I. & P.R. Co.

Foliart, Shepherd & McPherren, Oklahoma City, Sandlin & Daugherty, Holdenville, for defendant in error Eugene Bernard.

HALLEY, Justice.

Otis Elms, plaintiff below, appeals from the judgment of the trial court in sustaining both defendants' demurrers to the evidence and in overruling his motion for new trial.

Plaintiff had been injured while he and several other men were attempting to close one-half of a sliding railway boxcar door which fell upon him causing personal injury. In his petition he alleged the concurrent negligence of...

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