Atchison, T. & S. F. Ry. Co. v. Phillips

This is an appeal from a judgment of the district court of Oklahoma county in favor of the defendants in error, who were the plaintiffs in the trial court, against the plaintiff in error, who was the defendant in the trial court. The judgment was for damages for the wrongful death of an eight year old child of the plaintiffs, which was alleged to have been caused by the negligence of the employees of the defendant.

We quote from the petition the material allegations as to negligence, as follows:

“ (3) Plaintiffs allege that the defendant through its engineer and fireman in operating said train…