Missouri Pac. R.R., Thompson, Trustee v. Wright

Appellee, Otto Wright, sued appellant in the Poinsett circuit court for damages to himself and his automobile growing out of an accident alleged to have been caused by the defective and unsafe condition of the crossing where appellant’s switch track crosses the concrete highway in the town of Hoxie, Arkansas. The allegations of negligence set forth in appellee’s complaint are that on and prior to November 8,1937, appellant was negligent in maintaining the crossing in question in that: “The cross-ties supporting the rails were in a decayed condition, had sunk deeper into the ground, and the…