Northland Insurance v. Union Pacific Railroad

Robert H. Dudley, Justice.

The Bill J. Smith Trucking Company owned a tractor and trailer that Darrell Carter was driving across the Union Pacific railroad tracks in Walnut Ridge when the rear of the trailer was struck by the engine of a Union Pacific train. The Smith Trucking Company’s insurer, Northland Insurance Company, paid for the loss of the trailer and filed this subrogation claim against Union Pacific. The jury returned a verdict for the defendant railroad. The plaintiff insurance company appeals and argues that the trial court erred in refusing to give two instructions to the jury.…