Simms v. Tingle

335 S.W.2d 449 (1960)

Nelcine SIMMS, Appellant,

v.

Peggy L. TINGLE, Appellee.

No. 5-2050.

Supreme Court of Arkansas.

May 16, 1960.

Dissenting Opinion May 23, 1960.

Rehearing Denied June 6, 1960.

Dinning & Dinning, Helena, for appellant.

Barber, Henry, Thurman & McCaskill, Little Rock, for appellee.

JOHNSON, Justice.

This case arises out of an automobile collision. The sole question presented is whether appellant was a guest in appellee's car as a matter of law. The complaint, insofar as pertinent, alleged:

"That the plaintiff's (appellant's) presence in the automobile driven by the defendant was necessary…