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MISSOURI PACIFIC R. CO. v. BIDDLE

No. 86-299.

737 S.W.2d 625 (1987)

293 Ark. 142

MISSOURI PACIFIC RAILROAD COMPANY, Appellant, v. Randall W. BIDDLE et ux., Appellees.

Supreme Court of Arkansas.

October 5, 1987.

Attorney(s) appearing for the Case

Herschel H. Friday, Wm. H. Sutton, Little Rock, for appellant.

Charles M. Walker, John Robert Graves, Hope, for appellees.

HICKMAN, Justice.

A rehearing is granted because we made a mistake regarding the facts in our decision of July 20, 1987. 293 Ark. 142, 732 S.W.2d 473.

We said: "The appellee however, testified he did not hear a bell or a whistle..." (Italics supplied.) The record reflects this:

Q. Did you ever hear a train whistle on that day? A. No sir. (Italics supplied...

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