Missouri Pac. R.R. Co., Thompson v. Holmes

In the presentation and discussion of the issues upon this appeal an effort will be made to follow the legal terminology of the courts of the state of Oklahoma, and, by way of explanation, to avoid confusion in regard to such legal terms wherein our courts have expressed a different meaning, necessary references will be made.

The death of the infant child, 18 months old, at Yian, Oklahoma, on October 10,1937, by reason of having been struck by one of appellant’s trains, became the basis of this suit.

The facts were substantially as follows: While the parents of the child were temporarily away…