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CHICAGO, R.I.& P.R.Co. v. SPARKS

No. 4-9763.

248 S.W.2d 371 (1952)

CHICAGO, R. I. & P. R. CO. et al. v. SPARKS.

Supreme Court of Arkansas.

Rehearing Denied May 26, 1952.

Attorney(s) appearing for the Case

J. F. Holtzendorff, Hazen, Wright, Harrison, Lindsey & Upton, Little Rock, for appellants.

John D. Eldridge, Jr., Augusta, John D. Thweatt, DeValls Bluff, for appellee.

WARD, Justice.

This appeal involves a daylight railroadcrossing fatal accident and the sole question is whether the negligence of the deceased exceeded the negligence of the railroad company.

The deceased, J. H. Harris, was killed between 1:00 and 2 o'clock p. m. on the 12th of December, 1950 while attempting to cross the tracks of appellant company in Biscoe. The railroad track runs east and west, and deceased was driving north, slightly northeast, in his...

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