Keefer v. Public Service Co. of Oklahoma

Herschel Kersb Keefer was killed by a bolt of lightning. This action for wrongful death was brought by his mother, Mrs. Johnny Keefer, as next of kin, against the Public Service Company of Oklahoma, on the theory that the death resulted from the negligence of the defendant company in failing to properly maintain its line. The trial court instructed a verdict for defendant. Plaintiff appeals, contending that the court erred in refusing to submit the question of negligence to the jury.

The evidence showed that decedent was proceeding down a section line road; that defendant company maintained…