{
  "id": 8726385,
  "name": "Davis v. Draper",
  "name_abbreviation": "Davis v. Draper",
  "decision_date": "1941-03-17",
  "docket_number": "4-6220",
  "first_page": "1172",
  "last_page": "1174",
  "citations": [
    {
      "type": "official",
      "cite": "201 Ark. 1172"
    },
    {
      "type": "parallel",
      "cite": "148 S.W.2d 662"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "197 Ark. 53",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        8717984
      ],
      "weight": 2,
      "opinion_index": 0,
      "case_paths": [
        "/ark/197/0053-01"
      ]
    },
    {
      "cite": "82 N. E. 941",
      "category": "reporters:state_regional",
      "reporter": "N.E.",
      "opinion_index": 0
    },
    {
      "cite": "93 N. E. 450",
      "category": "reporters:state_regional",
      "reporter": "N.E.",
      "opinion_index": 0
    }
  ],
  "analysis": {
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    "pagerank": {
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    "simhash": "1:3115e0241026d85c",
    "word_count": 610
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  "last_updated": "2023-07-14T22:44:11.265597+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Davis v. Draper."
    ],
    "opinions": [
      {
        "text": "G-rifeiN Smith, C. J.\nThe appeal is from a judgment for $50 to compensate the loss of a colt. Appellant was driving south on Highway No. 71. Appellee was proceeding north on the highway with two mares. The colt was following its mother, and had been walking on the side of the highway from Mill Creek to appellee\u2019s home, the stock having been taken to water.\nAppellee testified it was thirty-five steps from where the colt got on the paved highway to where it was hit by appellant\u2019s truck; that appellant must have been one hundred yards from the .animal when it reached the highway, and that it was about two feet \u201cover on\u201d the asphalt when struck. The road was straight and clear of obstructions.\nAppellant testified he did not see the colt, but added that about the time the truck and the colt collided he applied brakes and swerved to the left. The collision occurred just before dark. It is appellant\u2019s contention that he was watching appellee and the two mares; that the colt was not on the road, nor in any position to be seen. Appellant was driving at a reasonable rate of speed\u2014 about forty miles per hour \u2014 and the colt suddenly ran into the road and against the right front fender of the car.\nIf appellant\u2019s testimony had been accepted by the jury there would have been no liability.\nAppellee\u2019s version is that the truck was traveling at 50 miles per hour. The colt had 'been on the road long enough for appellant to have seen it if he had been exercising ordinary care. There was plenty of room on the highway to have avoided the collision if appellant had steered his car as prudence required. If appellee\u2019s testimony is believed, appellant was negligent. The case went to the jury on these and other conflicting statements. We cannot say that the verdict was not supported by substantial evidence.\nObjection is made to certain instructions given, and to some refused. While the diligence and skill with which counsel have urged the several points are commendable, the record as a whole is free from error. If only the evidence of appellant should 'be construed, certain instructions would be abstract. But when consideration is given to the evidence of appellee there is basis for the instructions complained of. For example, one of the instructions in effect directed the jury to. consider evidence to which the last clear chance rule was applicable. It is urged this was error because there was no evidence that appellant saw the colt before he struck it. Appellee, however, testified that the colt was in the road within appellant\u2019s range of vision. The fact that appellant says he did not see it is not conclusive. If in the circumstances a reasonable man would have seen the colt, the jury had a right to determine whether appellant was candid in saying that he did not. Expressed differently, there is a presumption that persons possessing good eyesight must have seen that which was within the range of their vision if such persons gave attention and looked. Hence, there was testimony upon which to predicate the instruction.\nThe judgment is affirmed.\nLake Erie, etc., R. Co. v. Parrish, 46 Ind. A. 577, 93 N. E. 450; Lowden v. Pennsylvania Co., 41 Ind. A. 614, 82 N. E. 941; St. Louis-San Francisco Ry. Co. v. Hill, Guardian, 197 Ark. 53, second paragraph on page 58, 121 S. W. 2d 869.",
        "type": "majority",
        "author": "G-rifeiN Smith, C. J."
      }
    ],
    "attorneys": [
      "J. F. Quillin and William P. Alexander, for appellant.",
      "Bates, Poe & Bates, for appellee."
    ],
    "corrections": "",
    "head_matter": "Davis v. Draper.\n4-6220\n148 S. W. 2d 662\nOpinion delivered March 17, 1941.\nJ. F. Quillin and William P. Alexander, for appellant.\nBates, Poe & Bates, for appellee."
  },
  "file_name": "1172-01",
  "first_page_order": 1190,
  "last_page_order": 1192
}