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WELLMAN v. NOVAK

No. 39581.

392 P.2d 377 (1964)

George W. WELLMAN, an individual, and The Atchison, Topeka and Santa Fe Railway Company, a corporation, Plaintiffs in Error, v. Charles F. NOVAK, individually and as Administrator of the Estate of Frances R. Novak, Deceased, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied March 17, 1964.

Application for Leave to File Second Petition for Rehearing Denied May 19, 1964.

Attorney(s) appearing for the Case

Pierce, Mock, Duncan, Couch & Hendrickson, Oklahoma City, for plaintiff in error, George W. Wellman.

Rainey, Flynn & Welch, Oklahoma City, Charles E. Daniel, Drumright, for plaintiff in error, Atchison, Topeka & Santa Fe Ry. Co.

Thomas A. Wallace, Otis D. James, Jack B. Sellers, by Jack B. Sellers, Sapulpa, for defendant in error.

JOHNSON, Justice.

The defendant in error, hereafter referred to as plaintiff, brought this action as the administrator of the estate of Frances R. Novak to recover for her alleged wrongful death against the defendants George W. Wellman and The Atchison, Topeka and Santa Fe Railway Company. The defendant George W. Wellman will be referred to hereafter as Wellman, and his co-defendant as railway company.

The amended...

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