Pine Bluff Co. v. Crunk
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. The court erred in refusing- to direct a verdict for defendant. Defendant was not guilty of any negligence, but plaintiff was — be was simply trying to beat tbe car across tbe track, and bis negligence bars a recovery.
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Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. The court erred in refusing- to direct a verdict for defendant. Defendant was not guilty of any negligence, but plaintiff was — be was simply trying to beat tbe car across tbe track, and bis negligence bars a recovery. He was, at least, guilty of contributory negligence. 108 Ark. 95; Joyce on Electric Law, § 650; 119 Ark. 295; 116 Id. 125; 62 Id. 164; 64 Id. 421; 72 Id. 572. It is negligence per se to drive immediately in front of an approaching car without looking or listening. Tbe case should be reversed and dismissed. Ill U. S.…
1Opinion of the CourtSmith, J.
Appellee recovered damages to compensate- an injury sustained by him as a result of a collision between an automobile in which be was riding and one of appellant’s street cars.
Among other instructions one was given, of tbe court’s own motion, which reads as follows:
“3. If you believe from a fair preponderance of the evidence that the plaintiff, when he started across the street at the intersection of Seventeenth and Cherry streets, saw the street car some distance away, and you believe from a fair preponderance of the evidence that plaintiff had time to cross the tracks of the defendant…
2Cited by1 opinion
- Pine Bluff Co. v. WebbSupreme Court of Arkansas · 1919