MISSOURI PACIFIC RAILROAD COMPANY v. NICHOLS

No. 5-1934.

328 S.W.2d 856 (1959)

MISSOURI PACIFIC RAILROAD COMPANY, Appellant, v. J. C. NICHOLS, Appellee.

Supreme Court of Arkansas.

November 9, 1959.


Attorney(s) appearing for the Case

Pat Mehaffy, W. A. Eldredge, Jr., Little Rock, for appellant.

John Harris Jones, Pine Bluff, for appellee.


GEORGE ROSE SMITH, Justice.

The appellee recovered a judgment for $3,500 for personal injuries and property damage suffered when his car was struck by one of the appellant's trains at a railroad crossing in the city of Pine Bluff. Since the judgment must be reversed on account of an erroneous instruction it becomes necessary to discuss only that instruction and the sufficiency of the evidence to make a case for the jury.

The accident happened at about seven...

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