Kansas City Southern Railway Company v. Martin

The parties to this appeal will be referred to as they appeared in the trial court: Lula Martin, administratrix, as plaintiff, and the Kansas City Southern Railway Company, as defendant. The action arose from a railroad crossing accident near Redland, Oklahoma, in which the plaintiff’s husband was killed.

There was testimony, although conflicting, from which the jury could reasonably have found the following facts: In the late morning of March 9j 1954, the deceased, Ezekiel Martin, and Mr. W. G. Flippin left their home in the deceased’s 1951 Chevrolet pick-up truck to go fishing. Mr. Martin…