Arkansas Power & Light Co. v. Dillinger

Kirby, J.,

(after stating the facts). It is insisted that said instruction No. 1, given for appellee, is erroneous in that it required a higher degree of care to be exercised by the motorman in proportion to the greater danger to be avoided than the law warrants. Said instruction reads as follows: ‘ ‘ The court instructs the jury that the defendant in the operation of its street cars in the city of Little Bock over and across streets that people are constantly traveling over, it is the duty of the operatives of the said street car to exercise due care. The operators must be governed to some…