TEXACO, INC. v. LAYTON

No. 40212.

395 P.2d 393 (1964)

TEXACO, INC., a Foreign Corporation, Plaintiff in Error, v. Daniel J. LAYTON, Jr., Administrator of the Estate of Jimmy Alexander, Deceased, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied September 15, 1964.


Attorney(s) appearing for the Case

Hudson, Hudson, Wheaton, Kyle & Brett, Tulsa, for plaintiff in error.

Arthurs, Blackstock & McMillan, Bristow, George Sam Caporal, Oklahoma City, for defendant in error.


JACKSON, Justice.

In the trial court this wrongful death action was brought by plaintiff Daniel Layton, Jr., as administrator of the estate of Jimmy Alexander, who, with two others, was burned to death in a fire in a filling station in Oklahoma City. Plaintiff did not sue the operator of the filling station, but elected to prosecute his action against Texaco, Inc., only.

There is no dispute as to the events surrounding...

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