Frierson v. Hines

BERRY, Justice.

This is an appeal from a judgment entered upon a jury verdict in favor of defendant in error, hereafter designated plaintiff, in a negligence action. Since the single issue dispositive of the appeal will necessitate retrial of the case, we avoid reference to other matters and issues submitted to the jury.

Approximately eleven miles west of Muskogee, Oklahoma, Highway 64 runs east and west, passing under a railroad underpass some 112 feet east of the point of this accident. Before daylight on the morning of October 2, 1962, plaintiff was driving a Continental Trailways bus toward…