Missouri Pacific Railroad v. Clark

J. Pi:kd Jonrs, Justice.

This is an appeal from a judgment of the Independence County Circuit Court setting aside a jury verdict and granting a new trial, in a personal injury suit brought by Cleo M. Clark against the Missouri Pacific Railroad Company. The question is whether the trial court abused its discretion in setting aside the verdict and granting a new trial.

Cleo M. Clark was employed by Rangaire Corporation at its limestone quarry in Izard County, Arkansas. The Missour Pacific. Railroad Company had constructed, and continued to help maintain, a spur track from its main line track…