Where appellant challenged the grant of summary judgment to a railroad in an action claiming negligent maintenance at a crossing on a state highway, the judgment is reversed and remanded because the appellant established a genuine issue of material fact as to whether the railroad negligently maintained the pavement.
Judgment is reversed and remanded.
Donaldson v. Kansas City Southern Railway Company (MLW No. 71613/Case No. 17-2039 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Western District of Arkansas, Holmes III, J. (Lloyd W. Kitchens, Little Rock, Arkansas, argued for appellant) (Carlton Ryan Norton and Rex M. Terry, Fort Smith, Arkansas, argued for appellee).