Lydon v. Dean

Ward, Justice,

The principal issues involved on this appeal regard instructions given and refused by the court. Specifically we are concerned with the difference in the effect of an instruction containing the clause “a proximate cause” and one containing the clause “the proximate cause. ’ ’

FACTS. It will be necessary to set out only sufficient facts to clarify the issues here involved. About 7:00 P.M., Sunday, June 17, 1951, one John F. Lydon, was driving an automobile in a westerly direction along highway 70, going from Benton to Hot Springs. In the car with him were the appellants, Aline…