Young v. Chicago, Rock Island & Pacific Railroad Co.

BARNES, Justice:

The present appeal involves the alleged error of a portion of the Court of Appeals opinion which characterized the act of Appellees in maintaining a warning signal device at the intersection of a city street and railroad line as the voluntary performance of a safety measure rather than a governmental function.

For clarity and brevity we will hereinafter refer to Appellee, City of Oklahoma City, as the “City.”

The single issue to be decided is whether the installation and maintenance of the battery-powered warning signal device installed by the City outside the railroad…