Rogers v. Kelly

George Rose Smith, Justice.

The appellant, Curtis W. Rogers, brought this suit to recover for personal injuries suffered in downtown El Dorado while he was attempting to cross Main Street on foot in the middle of the block. Rogers was struck on the side of his face by the lefthand side-mirror on the defendant’s pickup truck, which had approached from the plaintiff’s right. The jury returned a general verdict for the defendant.

For reversal it is argued that the court should not have given an instruction on assumption of risk and should have given an instruction defining the defendant’s duty if…