Public Service Co. of Oklahoma v. Fort Worth Grain Exchange

SUMMERS, V.C.J.,

concurring in part and dissenting in part, with whom SIMMS, J., joins.

¶ 1 The Court recognizes that the “six foot” rule does not apply to “the operation of any equipment traveling or moving upon fixed rails of any railroad company subject to the jurisdiction of the Interstate Commerce Commission and/or the Corporation Commission of the State of Oklahoma”. 63 O.S.1991 § 987(c).1 I respectfully dissent in part because the injury did occur in the operation of equipment traveling upon fixed rails of a railroad company subject to the regulatory jurisdiction of a federal agency…