Holcomb ex rel. Holcomb v. Gilbraith

CONLEY Eyrd, Justice.

Appellant Loamma Holcomb, age 14, was struck by an automobile driven by appellee Patsy Gilbraith while crossing Highway 59. The jury found the issues in favor of appellee and appellant through her father brings this appeal. For reversal appellant contends that the trial court erred in giving AMI 614 (on sudden emergency); in refusing AMI 605 (On duty to anticipate behavior of children); and in modifying Ark. Stat. Ann. § 75-628(d) (Repl. 1957).

The proof shows that all parties were acquainted with each other and that appellee knew that appellant was in the habit of…