Millsaps v. Brogdon
Supreme Court of Arkansas
Appeal from Garland Circuit Court; W. H. Evans, Judge; 1. Appellant’s request for a peremptory instruction should have been given. Where, as in this case, the undisputed evidence ■shows that the plaintiff was guilty of contributory negligence, it is the duty of the court to declare that he has no cause of action.
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Appeal from Garland Circuit Court; W. H. Evans, Judge; 1. Appellant’s request for a peremptory instruction should have been given. Where, as in this case, the undisputed evidence ■shows that the plaintiff was guilty of contributory negligence, it is the duty of the court to declare that he has no cause of action. The facts being undisputed, the question of contributory negligence becomes one of law. 76 Ark. 12; 61 Ark. 549; 65 Ark. 235; 69 Ark. 134; 63 Ark. 427; 72 Ark. 572. 2. The giving of instruction No. xx, and refusing instruction No. 6, constituted fatal error. 69 Ark. 449; 71 Ark. 475;…
1Opinion of the CourtKirby, J.
Appellee brought suit for damages for personal injuries alleged to have been caused by appellant’s negligence in running him down with an automobile on the streets of the city of Hot Springs. Appellant denied that he was injured, or that he was struck by appellant’s automobile or caused any suffering and damages, and alleged contributory negligence on the part of appellee.
The testimony tended to show that appellee, a beggar upon his crutches, was walking “quartering” or diagonally across Central Avenue in Hot Springs on the day of the injury, and after crossing the street car track in front…
2Cited by16 opinions
- Memorial Hospital of South Bend, Inc. v. ScottIndiana Supreme Court · 1973
- Graham v. HagmannIllinois Supreme Court · 1915
- Morel v. LeeSupreme Court of Arkansas · 1930
- Minor v. MapesSupreme Court of Arkansas · 1912
- Snow v. RiggsSupreme Court of Arkansas · 1927
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