Chism v. Phelps

MiNor W. Mill wee, Associate Justice.

Tlie principal question for decision is whether the comparative negligence statute of 1955 (Act 191 of 1955) or the common law rule of contributory negligence is applicable to the instant action for personal injuries and damages growing out of an automobile collision.

On October 31, 1956, a collision occurred on U. S. Highway 61 near Blytheville, Arkansas, between automobiles owned and being driven by appellee, Cary ‘ ‘ Bud” Phelps, and appellant, Leon Chism, a resident of Missouri, shortly after appellee’s car had collided with another car driven by John…