Arkansas Power & Light Co. v. Mart

I base my dissent principally upon what I conceive to be error committed in overruling the appellant’s objection to appellee’s instruction No. 4 and in giving said instruction. That instruction, after telling the jury that it was the duty of the appellant to exercise for the safety of the passenger the highest degree of skill and care, continuing, was couched in the following language: “Therefore, if you find from the preponderance of the testimony in this case, that the plaintiff was a passenger upon one of the defendant’s cars and, was herself free from fault or negligence, and that she was…