KOCH v. MISSOURI PACIFIC RAILROAD COMPANY

No. 5-5294.

455 S.W.2d 858 (1970)

Henry KOCH, Administrator et al., Appellants, v. MISSOURI PACIFIC RAILROAD COMPANY et al., Appellees.

Supreme Court of Arkansas.

June 29, 1970.


Attorney(s) appearing for the Case

Sexton, Wiggins & Christian, Ft. Smith, for appellants.

William J. Smith and Boyce R. Love and Frederick S. Ursery, Little Rock, for appellees.


BYRD, Justice.

This appeal involves a collision at a railroad crossing. The jury returned a verdict for appellees Missouri Pacific Railroad Company and Roy R. Brown, the engineer, upon which judgment was entered. For reversal appellants Henry Koch, Administrator of the Estate of Phillip E. Haralson, deceased, and Marie Koch assert only that, "The trial court erred in the giving of an instruction which excused the railroad from the performance of its statutory duties...

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