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CHICAGO, ROCK ISLAND & PACIFIC RAILROAD CO. v. HUGHES

No. 5-5511.

467 S.W.2d 150 (1971)

CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY and Charles Kirk, Appellants, v. Paul HUGHES, a minor, by his Father and Next Friend, Lewis Hughes, Appellee.

Supreme Court of Arkansas.

Rehearing Denied June 14, 1971.

Attorney(s) appearing for the Case

Wright, Lindsey & Jennings, by William R. Overton, Little Rock, for appellants.

James C. Cole, Malvern, for appellee.

HARRIS, Chief Justice.

This litigation relates to a railroad crossing accident. On May 24, 1968, a vehicle operated by Thelma Hughes, and in which her brother-in-law, Paul Hughes, appellee herein, was a passenger, was struck by a Chicago, Rock Island & Pacific Railroad Company train at a gravel road crossing in Malvern. Paul Hughes suffered injuries, and subsequently instituted suit against the railroad company and Charles Kirk, and Howard Smith, crewmen,

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