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BURNS v. ATCHISON, TOPEKA AND SANTA FE RAILWAY CO.

No. 39469.

372 P.2d 36 (1962)

Doris BURNS, Plaintiff in Error, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Corporation, and R.G. Typton, Defendants in Error.

Supreme Court of Oklahoma.

As Corrected June 4, 1962.

Rehearing Denied June 5, 1962.

Attorney(s) appearing for the Case

Fleeson, Gooling, Coulson & Kitch, Wichita, Kan., Sellers & Wallace, Sapulpa, for plaintiff in error.

Rainey, Flynn & Welch, Oklahoma City, Charles E. Daniel, Drumright, for defendant in error.

JACKSON, Justice.

In the trial court, plaintiff Doris Burns sued defendants The Atchison, Topeka and Santa Fe Railway Company, a corporation, and R.G. Typton, for damages resulting from injuries received in a railroad crossing accident. Verdict and judgment were for defendants and plaintiff appeals.

Plaintiff's first proposition is that "Exhibiting to a jury an item not introduced as evidence is prejudicial misconduct...

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