Thompson v. Cooper

The defendant, as plaintiff in error herein, urges that there is no positive evidence, or reasonable inference to be drawn from any evidence, to show that it was guilty of any negligence resulting in the death of plaintiff’s decedent, or that it failed to perform any duty owing to deceased.

The evidence fairly discloses the following: Lloyd L. Bond, the driver of an automobile, was killed as a result of a collision with defendant’s through freight train. The collision occurred at a grade crossing at the north boundary line of the city of Claremore about 10 o’clock p. m. The train was passing…