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MISSOURI PACIFIC RAILROAD CO. v. BOLEY

No. 5-5756.

477 S.W.2d 468 (1972)

MISSOURI PACIFIC RAILROAD CO., Appellant, v. Eddie BOLEY, Appellee.

Supreme Court of Arkansas.

As Amended on Denial of Rehearing April 10, 1972.

Attorney(s) appearing for the Case

Smith, Williams, Friday, Eldredge & Clark, Little Rock, for appellant.

Huey & Vittitow, Warren, for appellee.

BROWN, Justice.

Appellant's train struck and killed two cows on its tracks near Warren, the cows belonging to appellee Eddie Boley. The jury returned a verdict for $300. Missouri Pacific Railroad contends (1) that it was entitled to a directed verdict at the close of all the testimony, and (2) that the trial court erred in giving instruction numbered seventeen.

The only eyewitnesses to the incident were the fireman...

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