ST. LOUIS SOUTHWESTERN RAILWAY CO. v. CLEMONS

No. 5-4185.

415 S.W.2d 332 (1967)

242 Ark. 707

ST. LOUIS SOUTHWESTERN RAILWAY CO., Appellant, v. Earl B. CLEMONS, Father and next friend of Marlon Lee Clemons, a minor, Appellee.

Supreme Court of Arkansas.

May 29, 1967.


Attorney(s) appearing for the Case

Coleman, Gantt, Ramsay & Cox, Pine Bluff, for appellant.

Wynne & Wynne, Fordyce, and W. C. Medley, Hampton, for appellee.


BROWN, Justice.

This is an appeal by St. Louis Southwestern Railway Company from a jury verdict of $15,000 awarded Earl B. Clemons, as father and next friend of his fourteen-year-old son, Marion Lee Clemons. The boy is alleged to have received serious injuries from being struck by a metal strip protruding from a freight train. The railroad company contends the boy was a trespasser; that willful and wanton negligence, being the only predicate for liability, was not...

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