Mabel Pearl Scott v. C. H. Huffman and the Atchison, Topeka and Santa Fe Railway Company, a Corporation

PHILLIPS, Circuit Judge.

Mabel Pearl Scott brought this action in the District Court of Oklahoma County, Oklahoma, against Huffman and the Atchison, Topeka and Santa Fe Railway Company 1 to recover damages for personal injuries sustained as the result of a collision between a passenger train of the Railway Company and an automobile being driven by Scott at a crossing of the Railway Company in Oklahoma City, Oklahoma.

In paragraphs III and IV of her complaint, Scott alleged that Huffman was employed by the Railway Company as a conductor and that at the time of the accident the train was under…