Oklahoma, K. & M. R. Co. v. Daniel

Opinion by

MANET, O.

The defendant in error, plaintiff below, in liis petition seeks (o recover on a dual theory. In the third paragraph of his petition, he alleges:

“That the motorman in charge and control of said motor car, and employed by the said defendant for the purpose of operating said motor car, did, wantonly, negligently, and willfully, and without regard to the safety of plaintiff, cause one sharp blast of the whistle to be blown which frightened plaintiff’s horse, making it lunge and run away, jerking plaintiff down and causing him to fall on his left hip and shoulder.”

In the fifth…