Butler v. Cabe
Supreme Court of Arkansas
Appeal .from Lafayette 'Circuit Court; J. M. Carter, Judge; STATEMENT BY THE COURT. Thomas ~W. Butler brought this suit against the defendant Cabe for damages for personal injury to his buggy and harness alleged to have been caused by the negligence of the defendant in frightening his mule and causing it to run away, by the operation of his .automobile at a rapid and dangerous rate of speed upon the public road along which plaintiff was driving, and in failing to stop after…
Read the full summary
Appeal .from Lafayette 'Circuit Court; J. M. Carter, Judge; STATEMENT BY THE COURT. Thomas ~W. Butler brought this suit against the defendant Cabe for damages for personal injury to his buggy and harness alleged to have been caused by the negligence of the defendant in frightening his mule and causing it to run away, by the operation of his .automobile at a rapid and dangerous rate of speed upon the public road along which plaintiff was driving, and in failing to stop after plaintiff’s signal and his discovery that the mule driven by plaintiff was becoming unmanageable from frig'ht. It…
1Opinion of the Court
Kirby, J.,
(after stating the facts). (1) Appellant contends that the court erred in giving said instruction No. 4, and we agree with this contention. All persons have equal right to use the public streets and highways for purposes of travel by proper means with due regard to the corresponding rights of others, and it is unquestioned that an automobile is a proper means of conveyance on the public highway, neither can it be disputed that driving a mule to a buggy is a like proper means of conveyance. Certainly a citizen is not to be deprived of his right to use any means of conveyance within…
2Cases cited1 opinion
- Millsaps v. BrogdonSupreme Court of Arkansas · 1911
3Cited by7 opinions
- Parsons v. Crown Disposal Co.California Supreme Court · 1997
- Morel v. LeeSupreme Court of Arkansas · 1930
- Lion Oil Refining Company v. SmithSupreme Court of Arkansas · 1939
- Texas Motor Co. v. BuffingtonSupreme Court of Arkansas · 1918
- Fleming v. OatesSupreme Court of Arkansas · 1916
2 more not listed; retrieve them via the Exa API.