St. Louis Southwestern Railway Co. v. Wallace

Appellees, owners of 11 acres of land with a dwelling thereon adjoining appellant’s right-of-way, brought this suit to recover damages in the amount of $1,000 for the closing, or obstructing, of a road crossing-over appellant’s railroad and right-of-way leading to ap-pellees ’ property in the town of Buckner, Arkansas. Appellant denied any liability. On a jury trial, and at the close of all the testimony, the court, on its own motion, and over appellant’s objections and exceptions, instructed the jury, as a matter of law, that from the evidence adduced, appellees had, in effect, by long…