Missouri Pacific Railroad Co. v. Carruthers, Admr.

Appellee is the administrator of the estate of James K. Carrnthers, deceased, who was instantly killed in a collision with the first section of train No. 2, the Sunshine Special, at the Elm street crossing, in Prescott, Arkansas,, on the night of November 11,1940, at about 9:45 p. m. He brought this action against appellants, the railroad company, its trustee in bankruptcy and the engineer on said train, John T. Griffin, to recover damages therefor. Thé negligence alleged in the complaint and relied on at the trial was failure to sound the whistle or ring the bell, and “that the headlight on…