Missouri & Northern Arkansas Railroad v. Branson Scenic Railway, Inc.

JAMES K. PREWITT, Judge.

A moving freight train belonging to1 Plaintiff collided with an empty passenger train owned by Defendant sitting on a side track in Branson. Plaintiff filed this action seeking damages, alleging that Defendant’s negligence caused the collision. Defendant answered and counter-claimed but also sought, by motion, the trial court to order that the dispute be submitted to arbitration pursuant to an agreement between the parties. The trial court entered an order denying Defendant’s request for an order compelling arbitration and Defendant appeals from that order. The denial…