Missouri-Kansas-Texas Railroad Company v. Baird

BERRY, Justice.

In this action, defendant in error, Ralph Baird, administrator of the estate of Cecil Lane, deceased, hereafter referred to as “plaintiff”, seeks to recover damages from plaintiff in error, Missouri-Kansas-Texas Railroad Company, hereafter referred to as “defendant”, which allegedly resulted from fatal injuries sustained by Cecil Lane, hereafter referred to as “deceased”, upon defendant’s train striking an automobile operated by deceased at a railroad crossing approximately two miles south of Adair, Oklahoma.

In his petition, plaintiff alleged that the proximate cause of the…