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GESSEL v. SMITH

No. 41442.

435 P.2d 587 (1967)

Otto GESSEL, Administrator of the Estate of Mary Alice Gessel, Deceased, Probate No. 47661, In the County Court of Oklahoma County, State of Oklahoma, Plaintiff in Error, v. Elizabeth SMITH, d/b/a G & H Truck Lines, Defendant in Error.

Supreme Court of Oklahoma.

December 19, 1967.

Attorney(s) appearing for the Case

Calvin W. Hendrickson, Oklahoma City, of counsel, Pierce, Mock, Duncan, Couch & Hendrickson, Oklahoma City, for plaintiff in error.

Houston, Klein & Davidson, Tulsa, for defendant in error.

BLACKBIRD, Justice.

Plaintiff in error and defendant in error will hereinafter be referred to as "defendant" and "plaintiff", as they appeared in the trial court.

Defendant's decedent was killed in a collision between the Plymouth sedan she was driving, and an empty cattle truck owned by plaintiff and driven by her employee, Smith, near the juncture of State Highway No. 33 and U.S. Highway No. 69, on a clear, dry...

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