Fleming v. Oates
Supreme Court of Arkansas
Appeal from Conway Circuit Court; M. L. Davis, Judge; 1. The facts do not justify a recovery in this case for negligence, and it was error to refuse to direct a verdiet. The undisputed evidence shows contributory negligence. This was one of those unforeseen accidents which are unexpected ¡and unavoidable.
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Appeal from Conway Circuit Court; M. L. Davis, Judge; 1. The facts do not justify a recovery in this case for negligence, and it was error to refuse to direct a verdiet. The undisputed evidence shows contributory negligence. This was one of those unforeseen accidents which are unexpected ¡and unavoidable. Only ordinary prudence and care is required by the law. 96 N. Y. -Supp. 45; 36 Ark. 607; 94 Id. 252. If after discovering the danger, it was too late to avert the accident, and the defendant did all he could to avoid the injury, then he was not guilty of negligence nor liable under the…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted 'by appellee against appellant to recover damages alleged to have arisen from the negligent act of appellant in frightening a team of horses drawing a hack in which appellee was riding. It is alleged that the team ¡became frightened from the automobile driven by appellant, and that he was guilty of negligence in failing to exercise proper care after discovering that the team was frightened.
Mrs. Oates, the appellee, resided in Oklahoma and came to Conway ¡County, Arkansas, to visit her relatives. She was met at Plummerville by her brother, who at the time the…
2Cases cited3 opinions
- Minor v. MapesSupreme Court of Arkansas · 1912
- Millsaps v. BrogdonSupreme Court of Arkansas · 1911
- Butler v. CabeSupreme Court of Arkansas · 1914
3Cited by2 opinions
- Harris v. HicksSupreme Court of Arkansas · 1920
- Hardy v. CloeSupreme Court of Arkansas · 1924