[DOWNLOAD] "Powers v. Atchison" by Supreme Court of the State of Oklahoma * eBook PDF Kindle ePub Free
eBook details
- Title: Powers v. Atchison
- Author : Supreme Court of the State of Oklahoma
- Release Date : January 27, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
1 The parties appear here as they did in the trial court and will be referred to as plaintiff and defendants or by name. Plaintiff appeals from the order of the trial court which sustained the separate demurrers of the defendants. Plaintiffs amended petition alleged that she was injured as the result of a train-truck collision on October 7, 1954, in Carter County, Oklahoma. This action was commenced by plaintiff on January 28, 1957, in the Superior Court of Creek County against the two railway companies on whose train she was riding, the trucking company, which owned the truck involved in the collision, the trucking companys driver and its insurance carrier. In order to avoid the bar of the two-year statute of limitations, plaintiff alleged by amendment to the amended petition that on September 26, 1956, she had filed an action against these same defendants in the Superior Court of Seminole County alleging the same negligence and injuries as are alleged herein. She also alleged that summons was issued and served on all defendants, that she thereafter dismissed the Seminole County action without prejudice on January 28, 1957, and that she filed the instant action within one year in compliance with the statutes of the State of Oklahoma.