Tepel v. Thompson

Plaintiff recovered judgment for $17,000 for personal injuries resulting from a collision between his automobile, which he was driving, and defendant’s train at a crossing on United States Highway 67. in Arkansas.

The question for decision is whether, according to the law of Arkansas, plaintiff made a submissible case under either of the two theories upon which he submitted his case to the jury.

The two grounds on which plaintiff submitted his case were first, that the railroad was negligent in not stopping or slackening the speed of the train or sounding a warning after it saw plaintiff was in…