Cain v. St. Louis-San Francisco Railroad Company

CORN, Justice.

This appeal resulted from an action brought to recover damages for alleged wrongful death of plaintiffs’ decedent in a railroad crossing accident. The accident occurred at a point where West 21st street, also called Mideo Road, in Tulsa County, is crossed by the defendant railroad’s spur track which serves industrial plants in the vicinity. Shortly before 4 A.M. on the morning of June 17, 1953, one of defendant’s diesel switch engines was pushing two flat cars and a box car along the spur track, preparatory to “spotting” the box car at an industrial plant located south of West…