ATCHISON, TOPEKA AND SANTA FE RAILWAY CO. v. Messmore

BLACKBIRD, Justice.

This action arose out of the death of A. Poyntz Haskins as a result of a collision between said decedent’s automobile, which he was driving, and one of plaintiff in error’s passenger trains at the place where a paved highway, commonly referred to as “Memorial Road” or “Memorial Boulevard”, crosses plaintiff in error’s railroad track, north of Oklahoma City. The accident occurred about 9:45 A.M., on July 27, 1956. In this action thereafter commenced by defendant in error, as administrator of said decedent’s estate, said administrator, hereinafter referred to as plaintiff,…