Chicago, Rock Island & Pacific Railway Co. v. Porterfield

The appellee filed complaint against the appellants in the Hot Spring circuit court alleging that about six miles south of Malvern the appellants ’ line of railroad is crossed by a public highway; that it was the duty of appellants to properly construct and maintain it in such manner that it would be safe and convenient to be crossed by appellee and the traveling public; that on July 26, 1937, the crossing was in a dangerous and unsafe condition; that appellants had carelessly and negligently permitted the dirt on the west side of the railroad to be worn away and leave the rail fully exposed,…