KANSAS CITY SOUTHERN RAILWAY COMPANY v. JOHNSTON

No. 41569.

429 P.2d 720 (1967)

The KANSAS CITY SOUTHERN RAILWAY COMPANY, a Corporation, Plaintiff in Error, v. Paul JOHNSTON, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied June 27, 1967.

Second Rehearing Denied July 18, 1967.


Attorney(s) appearing for the Case

Looney, Watts, Looney, Nichols & Johnson, Oklahoma City, for plaintiff in error.

Varner & Miller, Poteau, for defendant in error.


BLACKBIRD, Justice.

This appeal involves an action for damages for personal injuries suffered by defendant in error, hereinafter referred to as "plaintiff", in an accident on the main line of plaintiff in error's railroad, allegedly caused from the latter's violation of section 2 of one of the Acts Of Congress known as "The Safety Appliance Acts" (27 Stat. 531; 45 U.S.C.A. § 1 et seq.).

On the date of the accident...

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