Wells v. Shepard
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; STATEMENT OP PACTS. Will Shepard sued Charles E. Wells to recover damages for injuries inflicted by an automobile which he alleges was at the time driven by a chauffeur of the defendant in a negligent manner. The facts as proved by the plaintiff are substantially as follows: On the morning he received the injury, plaintiff was walking north on Spring Street on the sidewalk on the east side thereof.
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; STATEMENT OP PACTS. Will Shepard sued Charles E. Wells to recover damages for injuries inflicted by an automobile which he alleges was at the time driven by a chauffeur of the defendant in a negligent manner. The facts as proved by the plaintiff are substantially as follows: On the morning he received the injury, plaintiff was walking north on Spring Street on the sidewalk on the east side thereof. Between Seventh and Eighth Streets he saw a watermelon wagon standing about two and a half or three feet from the curb on…
1Opinion of the Court
HART, J.,
(after stating the facts). It is first insisted by counsel for the defendant that the evidence is not sufficient to warrant the verdict.
The jury might well have found that the plaintiff himself was not negligent. The evidence shows that he was standing on the west side of the street between a watermelon wagon and the curb looking at the watermelons with the view of purchasing one; that the wagon was about two and a half or three feet from the curb. He was lawfully there, and had no reason to suppose that he would be run down by the negligence of the driver of an automobile running…
2Cited by9 opinions
- Kisor v. Tulsa Rendering Co.District Court, W.D. Arkansas · 1953
- Bolton v. WellsNorth Dakota Supreme Court · 1929
- Hodges v. SmithSupreme Court of Arkansas · 1927
- White v. EdwardsMichigan Supreme Court · 1923
- Riceland Petroleum Co. v. MooreSupreme Court of Arkansas · 1928
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