City of Mt. Vernon v. Cockrum

The evidence shows that on the day of the accident, appellee, accompanied by some other persons, had gone to a funeral, in a farm wagon, drawn by a team of gentle horses. She was detained at the funeral until late in the afternoon, and those who had accompanied her concluded to remain with relatives, and she procured a gentleman to return with her in the same wagon, drawn by the same team. Some distance back from the bridge in question, the gentleman complained of toothache, told her he must light his pipe and smoke to allay the pain. He then handed the lines to her and asked her to drive.…