Legal Opinion · Dissent

Home Insurance v. Covington

Supreme Court of Arkansas

Decided November 5, 1973No. 73-123Published

1DissentJohn A. Fogleman, Justice

I would reverse the judgment in this case because I think that there was a question of fact as to whether Mrs. Beatrice Coving-ton was a guest.

Ordinarily the issue of whether one is a guest is a question of fact, and this court, in many situations where the evidence seems no less conclusive than it is here, has refused to hold that a plaintiff was or was not a guest. See Austin v. Stricklin, 240 Ark. 555, 400 S.W. 2d 671; Buffington v. Wright, 239 Ark. 138, 388 S.W. 2d 100; Simms v. Tingle, 232 Ark. 239, 335 S.W. 2d 449; Brand v. Rorke, 225 Ark. 309, 280 S.W. 2d 906; Corruthers v. Mason, 224…

2Cases cited12 opinions

  1. Brand v. RorkeSupreme Court of Arkansas · 1955
  2. Simms v. TingleSupreme Court of Arkansas · 1960
  3. Whittecar v. CheathamSupreme Court of Arkansas · 1956
  4. Corruthers v. MasonSupreme Court of Arkansas · 1955
  5. Rogers v. LawrenceSupreme Court of Arkansas · 1956

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