Rodgers v. Oklahoma Wheat Pool Terminal Corp.

WELCH, Y. C. J.

This is an action brought by Marcella Rodgers, as admin-istratrix of the estate of John Henry Rodgers, her deceased husband, and arises by reason of the death of John Henry Rodgers in a fall in the elevator of the Oklahoma Wheat Pool Corporation occurring on July 11, 1932.

This is the second appeal in this cause. The first trial resulted in a verdict in favor of plaintiff. On appeal this judgment was reversed in this court, Oklahoma Wheat Pool Terminal Corporation v. Rodgers, Adm’x, 180 Okla. 623, 70 P. 2d 1080, because of two inconsistent causes of action and because an expert…