Russ v. Strickland
Supreme Court of Arkansas
Appeal from Wliite Circuit Court; J. M. Jackson, Judge; 1. There is reversible error in the refusal to give the instructions asked. Act 134, Acts 1911, § 12; Kirby & Castle’s Digest, § 6437; 122 Ark. 28; 116 Id. 26; 102 Id. 351. A motorist must stop his car if he sees, or by exercise of ordinary care could see, the frightened condition , of the horse.
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Appeal from Wliite Circuit Court; J. M. Jackson, Judge; 1. There is reversible error in the refusal to give the instructions asked. Act 134, Acts 1911, § 12; Kirby & Castle’s Digest, § 6437; 122 Ark. 28; 116 Id. 26; 102 Id. 351. A motorist must stop his car if he sees, or by exercise of ordinary care could see, the frightened condition , of the horse. Section 12_, act 134, Acts 1911, etc. • 2. There is error in the court’s charge. , 122 Ark. 32. The giving of an instruction from which the jury might infer that there was evidence on a point on which there was in fact none, is prejudicial and…
1Opinion of the CourtSmith, J.
Appellant Russ sustained serious injuries by being thrown from his buggy when the horse which he was driving became frightened at appellee Strickland’s automobile and.ran away. Appellant testified that he saw the automobile when it rounded a curve in. the road, a distance of 150 yards away, and that the occupants of the car could have seen the buggy at the same distance. That the horse was afraid of automobiles, and became frightened as soon as it saw the car. That appellant motioned his hand to Strickland to stop the car, and that Strickland threw up his hand, but the car continued its…
2Cases cited1 opinion
- Christy v. ElliottIllinois Supreme Court · 1905
3Cited by7 opinions
- Kisor v. Tulsa Rendering Co.District Court, W.D. Arkansas · 1953
- Carroll v. LanzaDistrict Court, W.D. Arkansas · 1953
- Texas Motor Co. v. BuffingtonSupreme Court of Arkansas · 1918
- Smith v. WittmanSupreme Court of Arkansas · 1957
- Johnson v. StewartDistrict Court, W.D. Arkansas · 1958
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