HURST v. UNION PACIFIC R. CO.

No. 91-6091.

958 F.2d 1002 (1992)

Wanda G. HURST and William E. Hurst, Individually and as Administrator of the Estate of Roy Everett Hurst, a minor, Plaintiffs-Appellants, v. UNION PACIFIC RAILROAD COMPANY and L.B. Cox, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 10, 1992.


Attorney(s) appearing for the Case

Terry W. West (Bradley C. West with him on the briefs) of Terry W. West, Inc. & Associate, Shawnee, Okl., for plaintiffs-appellants.

Tom L. Armstrong (Jeannie C. Henry and David S. Landers with him on the briefs), of Tom L. Armstrong & Associates, Tulsa, Okl., for defendants-appellees.

Before JOHN P. MOORE and EBEL, Circuit Judges, and OWEN, District Judge.


JOHN P. MOORE, Circuit Judge.

This appeal unlooses a legal dinosaur, which, once out, tramples twentieth century negligence law and then lumbers back to its dark cave only to await another victim. The jurisprudential fossils it leaves behind are truly daunting as this case illustrates. However, absent any contra-indication from the Oklahoma Supreme Court, the dinosaur prevails.

At issue in this diversity action is Oklahoma's "occupied crossing rule" which...

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