Pugsley v. Tyler
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Western District; W. J. Driver, Judge; 1. Tbe verdict is not supported by tbe evidence. No negligence is proven. If appellant used sucb care as an ordinarily prudent person would bave used under similar circumstances, be was not liable. He bad tbe right to pass appellee using ordinary care. Tbe overwhelming preponderance of tbe evidence shows that appellee’s mules did not run away until tbe car passed.
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Appeal from Clay Circuit Court, Western District; W. J. Driver, Judge; 1. Tbe verdict is not supported by tbe evidence. No negligence is proven. If appellant used sucb care as an ordinarily prudent person would bave used under similar circumstances, be was not liable. He bad tbe right to pass appellee using ordinary care. Tbe overwhelming preponderance of tbe evidence shows that appellee’s mules did not run away until tbe car passed. Tbe only negligence charged is the blowing of tbe born, unreasonable speed and refusing to stop tbe car. 2. Tbe court erred in giving instruction No. 10. It is…
1Opinion of the CourtHumphreys, J.
Appellee brought suit against appellant in the Western District of the Clay Circuit Court to recover damages for injuries received through the alleged negligent driving of an automobile by appellant along a public highway so as to frighten the team and overthrow the wagon in which she, her children and husband were traveling. The alleged negligence consisted in dashing up behind them at an unreasonable rate of speed and loudly and repeatedly sounding his horn, and refusing to stop his automobile. Appellant filed answer, denying the alleged acts of negligence. The cause was tried before a jury…
2Cases cited6 opinions
- Robinson v. SwearingenSupreme Court of Arkansas · 1891
- Harris v. RaySupreme Court of Arkansas · 1913
- Gazola v. SavageSupreme Court of Arkansas · 1906
- Railway Co. v. HarrellSupreme Court of Arkansas · 1894
- Carter v. YoungerSupreme Court of Arkansas · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Wilson v. FlemingWest Virginia Supreme Court · 1921
- Schwam v. ReeceSupreme Court of Arkansas · 1948
- Hall v. YoungSupreme Court of Arkansas · 1951
- Missouri Pacific Railroad v. WattSupreme Court of Arkansas · 1932
- Harper v. DeesSupreme Court of Arkansas · 1948
1 more not listed; retrieve them via the Exa API.