Arkansas Western Railway Co. v. Robson

This is the second appeal in this ease. On the first appeal the facts were fully stated, and reference is made to that case for a statement of the facts in the instant case, as the facts were not materially different on a retrial of the cause. Arkansas Western Ry. Co. v. Robson, 171 Ark. 698, 285 S. W. 372.

The judgment was reversed and the cause was remanded for a new trial because the trial court erred in giving instruction No. 7 at the instance of appellees, which is as follows: “You are further instructed that the burden is upon the defendant company to prove by a preponderance of the…