Oklahoma City Ry. Co. v. Barkett

Opinion by

AMES, C.

The question involved in this case is whether or not there was error in giving the following instruction : ■

“The duty of the plaintiff to use ordinary and reasonable care in crossing a railroad track is the same in degree and kind as the duty of the defendant to use ordinary and reasonable care in the operation of its cars, and even though the defendant failed to use such care, and the accident would have happened had such care been used by it, still the plaintiff cannot recover if she herself failed to use ordinary and reasonable care, and but for her failure, the accident…