Chicago, R.I. & P.R. Co. v. Cox

PHILLIPS, Chief Judge,

On April 11, 1952, at approximately 5:45 a. m. a Chevrolet one-and-one-half - ton truck being driven by Case Cox and in which Beckie Cox was riding as a passenger, collided with a switch engine of the Chicago, Rock Island and Pacific Railroad Company, 1 at a grade crossing where Seventh Street intersects the track of the Railroad Company in Sayre, Oklahoma, resulting in personal injuries to Case and Beckie Cox.

Case and Beckie Cox filed separate actions in a state court in Oklahoma and the Railroad Company duly removed the actions to the United States District Court for…