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

Hart, C. J.,

(after stating the facts). Counsel for the defendant rely upon the principles of law decided in Jemell v. St. Louis Southwestern Railway Company, 178 Ark. 578, 11 S. W. (2d) 449, for a reversal of the judgment. They admit that there was a presumption of negligence when the plaintiffs proved that their injuries were received by the passenger motor coach of the defendant colliding with the automobile in which they were riding at the public crossing over the defendant’s railroad. They claim, however, that the facts in the present case bring it within the principles of law decided in…