Syracuse Portrait Co. v. Ft. Smith & Western Ry. Co.

The primary facts in this case are set forth in the opinion of this court on a former appeal of said cause. See Fort Smith & Western Ry. Co. v. Syracuse Portrait Co., 117 Okla. 113, 245 Pac. 600. Therein the cause was reversed, and upon trial anew the court instructed a verdict for the defendant.

The plaintiff on second appeal urges, first, that the former opinion of this court was erroneous; and second, that on retrial of said cause the plaintiff was entitled to have the question of negligence of the defendant submitted to the jury.

On the first proposition this court in the case of Corbin v.…