Oklahoma Ry. Co. v. Roebuck

Plaintiff was injured when she boarded or attempted to board defendant’s bus at a regular bus stop near a street intersection in Oklahoma City.

The trial court so framed his instructions to the jury as to constitute an assumption that the plaintiff was a passenger, and the jury was instructed that the defendant owed the plaintiff a high degree of care as a passenger. That is assigned as error and is relied upon for reversal.

Defendant points out that “the fact as to whether plaintiff was a passenger was in controversy,” and by the instruction complained of “the court assumed this controversy as…