Linxwiler v. El Dorado Sports Center, Inc.

George Rose Smith, J.,

on rehearing. In a petition for rehearing the appellee insists that our opinion overlooked, and tacitly overruled, our holding in American Ry. Exp. Co. v. Davis, 152 Ark. 258, 238 S. W. 1063. It is argued that in the Davis case we held, upon facts essentially similar to those in the present case, that the servant, in handling a pistol, had stepped aside from his master’s business, so that the latter was not liable.

The Davis case was not overlooked, but it does not support the appellee’s position. That case was reversed solely because the trial court had erroneously…