BORDEN v. ST. LOUIS SOUTHWESTERN RY. CO.

No. 85-59.

698 S.W.2d 795 (1985)

287 Ark. 316

Clarence BORDEN and Pearl Borden, Appellants, v. ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, Appellee.

Supreme Court of Arkansas.

November 12, 1985.


Attorney(s) appearing for the Case

McDaniel, Gott & Wells by Phillip Wells, Jonesboro, for appellants.

Barrett, Wheatley, Smith & Deacon by J.C. Deacon, Jonesboro, for appellee.


DUDLEY, Justice.

The issue on appeal is whether the trial court abused its discretion in granting a new trial. The trial court did not abuse its discretion.

The central issues at the trial of this truck-train collision case were whether the train whistle had been blown at the proper time and whether the truck driver's view of the train was obstructed. Late in the afternoon of the second day of trial, after both...

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