Shields v. Sand Springs Ry. Co.

Supreme Court of Oklahoma

Shields v. Sand Springs Ry. Co.

1931 OK 397, 1 P.2d 144, 150 Okla. 177, 1931 Okla. LEXIS 326

CourtSupreme Court of Oklahoma

DecidedJune 30, 1931

Docket19484

StatusPublished

Cited by1 cases

This text of 1931 OK 397 (Shields v. Sand Springs Ry. Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shields v. Sand Springs Ry. Co., 1931 OK 397, 1 P.2d 144, 150 Okla. 177, 1931 Okla. LEXIS 326 (Okla. 1931).

Pincite

Opinion

KORNEGAY, ,7.

This was an accident case originating near the city of Tulsa, Okla., where the highway crossed the track of the defendant railroad corporation.

The trial court took the case from the jury. There was some evidence of a failure to give warning: of the approach of the train that was sufficient to have taken it to the jury on tlie subject of primary negligence.

The case should have been submitted to the jury under proper instructions. The judgment of the trial court is accordingly reversed, with directions to grant a new trial.

CLARK, V. C. J., and CULLISON, ANDREWS, and McNElLL, J,T., concur. RILEY, J., dissents. LESTER, O. J., not participating. TIEFNER and SWINDALL, J,L, absent.

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