Kansas City Southern Railway Co. v. Winter

Appellee sued appellant to recover damages to bis automobile which resulted when his car was struck by one of appellant’s Diesel powered passenger trains at a public street crossing in the town of Wilton, Arkansas. He alleged that appellant’s negligence consisted in its failure to keep a proper lookout, to give statutory signals (Ark. Stats. 1947, § 73-716), and in ob- . structing the view by placing a car of creosoted poles “on the side track adjacent to the side crossing.”

Appellant answered with a general denial and affirmatively pleaded the contributory negligence of ap-pellee.

A jury trial…