Minor v. Mapes
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Galvin T. Cotham, Judge; 1. While the driver of an automobile is required, to use all the care and caution which a careful and prudent person would exercise under the same circumstances, yet he has the right to assume, and act upon the assumption, that others using the highway will also exercise a like caution and not recklessly expose themselves to danger.
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Appeal from Garland Circuit Court; Galvin T. Cotham, Judge; 1. While the driver of an automobile is required, to use all the care and caution which a careful and prudent person would exercise under the same circumstances, yet he has the right to assume, and act upon the assumption, that others using the highway will also exercise a like caution and not recklessly expose themselves to danger. It is only when a driver realizes that a footman is in a position of danger that he is required to exercise additional care to avoid a collision. 77 N. Y. Supp. 276. Automobile drivers and pedestrians…
1Opinion of the CourtMcCulloch, C. J.
Appellee sued appellant in the circuit court of Garland County to recover damages on account of personal injuries resulting from alleged negligence on the part of appellant in driving an automobile, or causing it to be driven, along Central Avenue in the city of Hot Springs. Appellant and his wife were in the machine at the time, the latter driving. Appellee alighted from a street car, at the front end of it, which was customary, and started across the track in front of the car to go to the opposite side of the street. He hesitated at first, but the motorman told him to go ahead, and he…
2Cases cited7 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Gregory v. SlaughterCourt of Appeals of Kentucky · 1907
- Millsaps v. BrogdonSupreme Court of Arkansas · 1911
- Jackson v. WilliamsSupreme Court of Arkansas · 1909
- St. Louis & San Francisco Railroad v. McFallSupreme Court of Arkansas · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Ulmer v. PistoleMississippi Supreme Court · 1917
- Baker v. MaseehArizona Supreme Court · 1919
- Perkins v. GallowaySupreme Court of Alabama · 1915
- Easton v. United Trade Sch. Contracting Co.California Supreme Court · 1916
- Morel v. LeeSupreme Court of Arkansas · 1930
17 more not listed; retrieve them via the Exa API.