Sylvester v. U-Drive-Em System

The majority opinion indeed takes this court back to “horse and buggy days” in reference to the doctrine of “last clear chance” or “discovered peril.”

As I understand the English language, we expressly held in Arkansas Power & Light Co. v. Tolliver, 181 Ark. 790, 27 S. W. (2d) 985, to the contrary of the doctrine now announced by the majority. We there said: “The specific vice of the instruction urged upon our attention is that the instruction told the jury that, if the motorman could have discovered appellee’s peril in time to have stopped his ear and avoided the injury to the appellee, had…