Legal Opinion · Dissent

Kendrick v. Rankin

Supreme Court of Arkansas

Decided December 17, 1951No. 4-9623Published

1DissentHolt, J.

I think the trial court erred in giving Instruction No. 7 (over appellant’s objection and exceptions) as follows: “You are instructed that a motorist' has the right to assume that the driver of another automobile will obey traffic laws and signals and exercise due care for his own safety and the safety of others and acting on such assumption is not contributory negligence.

‘ ‘Therefore, if you find from a preponderance of the evidence that Ocus Rankin was driving his car across the Biddle Bridge in a lawful and proper manner, facing a bus which had stopped to allow his passage and there was…

2Cases cited7 opinions

  1. Herring v. BollingerSupreme Court of Arkansas · 1930
  2. Sutton v. WebbSupreme Court of Arkansas · 1931
  3. Arkansas Power & Light Co. v. BoydSupreme Court of Arkansas · 1933
  4. Shipp v. Missouri Pacific Transportation Co.Supreme Court of Arkansas · 1938
  5. Hammond v. HambySupreme Court of Arkansas · 1935

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