MISSOURI P. R. CO. v. NEISSL

No. 5-5958.

483 S.W.2d 188 (1972)

MISSOURI PACIFIC RAILROAD CO., Appellant, v. E. V. NEISSL, Appellee.

Supreme Court of Arkansas.

Rehearing Denied August 28, 1972.


Attorney(s) appearing for the Case

Smith, Williams, Friday, Eldridge & Clark, by, William J. Smith and James C. Clark, Jr., Little Rock, for appellant.

William P. Walters, Greenwood, for appellee.


BROWN, Justice.

A steer owned by appellee was struck and killed by a train operated by appellant's employees. The jury returned a verdict for actual and double damages and the court fixed an attorney's fee for appellee. On appeal it is contended that appellant should have been given an instructed verdict. We agree.

The case was submitted to the jury on the sole question of lookout. The only witness testifying regarding lookout was the engineer. That testimony...

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