Fairmont Creamery Co. v. Rogers

This is the second time this cause has been before this court on appeal. See Blair et al. v. Rogers, 185 Okla. 63, 89 P. 2d 928. It was originally commenced in May, 1933, by the defendant in error, as plaintiff, to recover damages against the plaintiffs in error, as defendants, for the allegedly wrongful death of the former’s husband, S. A. Rogers, who died from injuries received in an automobile accident.

In the interest of clarity and brevity, the parties will hereinafter be referred to as they appeared in the trial court.

The accident occurred between 2:30 and 3 o’clock in the morning of…