Oklahoma City-Ada-Atoka Railway Co. v. Nickels

1 On June 12, 1953, Zettia Lurreline Nickels, surviving wife of Leaman Nickels, deceased, filed this action in the District Court of Coal County, against the Oklahoma City-Ada-Atoka Railway Company, to recover damages for the wrongful death of Leaman Nickels on June 20, 1951, at a point where the tracks of the railway company cross highways Nos. 69 and 75 slightly north and west of the City of Atoka. It was alleged by plaintiff that the death of her husband was the result of the negligence of the railway company in operating its train without proper warning to the deceased, as he drove his truck south along the highway toward the railway crossing. The case was tried before a jury and resulted in a verdict for plaintiff for $50,700, and defendant has appealed. We shall refer to the parties as they appeared in the trial court.