Gulf, C. & S. F. Ry. Co. v. Harpole

Opinion by

RUTH, C.

The parties will be designated as they appeared in the trial court. Plaintiff alleges in his petition that on May 4, 1922, at 12 p. m. (midnight) he drove his automobile from west to south along a public highway, just south of Ardmore, Okla., and at a point where the defendant’s railway running north and south crosses the highway; that there is an incline in the highway up to the railway tracks and approaching the tracks he “looked and listened,” but not seeing or hearing a. train approaching, he drove his automobile upon the defendant’s tracks, and in attempting to “shift…