Legal Opinion · Dissent

Industrial Farm Home Gas Co. v. McDonald

Supreme Court of Arkansas

Decided March 5, 1962No. 5-2605Published

1DissentEd. F. McFaddin, Associate Justice

As I understand the Majority Opinion the judgment of the Trial Court is reversed solely because the Court refused to give the instruction requested by the appellant on unavoidable or inevitable accident, as copied in the Majority Opinion. Conceding, without admitting, that •the instruction was properly worded, nevertheless I insist that the Trial Court was correct in refusing this instruction because the driver of the appellant’s truck admitted that he failed to sound his horn as required by law. The violation of traffic laws directly connected with the mishap is always evidence of…

2Cases cited4 opinions

  1. Mays v. Ritchie Grocer CompanySupreme Court of Arkansas · 1928
  2. Morgan v. CockrellSupreme Court of Arkansas · 1927
  3. Taggart v. ScottSupreme Court of Arkansas · 1937
  4. Browder v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1953

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