Ponder v. Carroll

On the night of November 23, 1935, appellee started on foot from Arkadelphia. A short distance from the city, he was permitted to ride on a wagon drawn by a team of mules, and driven by W. L. Ballard. The way led across the bridge over Caddo River: The bridge, 1,100 feet "long and 20 feet wide, is projected north and south over the stream. Appellee was riding on the back of the wagon with his feet “hanging out.” • At a point near the north end of the bridge appellee got off the wagon, and was struck by an automobile driven by appellant. Appellee gave the following explanation of his actions:…