Midland Valley R. Co. v. Townes

F. C. Warren was struck and killed by the defendant’s train at a railway ■crossing. His administrator, plaintiff in this action, recovered a judgment therefor, and the defendant railway company appeals.

This accident occurred in the outskirts of the city of Tulsa. The defendant’s single railway track ran north and south, in the middle of its right of way, which was 100 feet wide. Ute street lay east and west, and intersected the right of way at right angles. It was at this intersection where Warren was killed. Negligence in the operation of the train is not alleged, and the specific negligence…