Supreme Court of Oklahoma, 1931

Shields v. Sand Springs Ry. Co.

Supreme Court of Oklahoma · Decided June 30, 1931 · Kornegay, Clark, Cullison, Andrews, McNelll, Riley, Lester, Tiefner, Swindall

1 P.2d 144; 150 Okla. 177; 1931 OK 397; 1931 Okla. LEXIS 326 (Pacific Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Sand Springs Railway Co. v. McWilliams (Okla. 1934)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.