{
  "id": 1697143,
  "name": "Mitchell v. Owen",
  "name_abbreviation": "Mitchell v. Owen",
  "decision_date": "1959-11-30",
  "docket_number": "5-1976",
  "first_page": "299",
  "last_page": "300",
  "citations": [
    {
      "type": "official",
      "cite": "231 Ark. 299"
    },
    {
      "type": "parallel",
      "cite": "329 S.W.2d 180"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 174,
    "char_count": 1959,
    "ocr_confidence": 0.497,
    "sha256": "6fd178fbed6cc2df785ae8a6200dbf9b7a03b82bb8ce4a2943d65b80d91191f4",
    "simhash": "1:55ed00c5775b493a",
    "word_count": 338
  },
  "last_updated": "2023-07-14T20:12:37.296536+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Mitchell v. Owen."
    ],
    "opinions": [
      {
        "text": "George Rose Smith, J.\nThis is an action by the appellant to recover $126.44 as the damage sustained when her ear was struck by the appellee Owen\u2019s truck at a street intersection in Pine Bluff. The truck was being driven by Owen\u2019s brother-in-law, Reynolds, who made no defense to the suit. The complaint alleges that the collision was caused by Reynolds\u2019 intoxication and that Owen was negligent in entrusting the vehicle to Reynolds with knowledge of his addiction to alcohol. The trial court, sitting without a jury, found that the proof did not show negligence on the part of Owen. The appellant\u2019s sole contention is that the court erred in reaching this conclusion.\nIt is stipulated that the only relevant testimony is that of Owen. For some months before the accident Reynolds had been living with his sister and brother-in-law on the Owens\u2019 farm, about twenty-one miles from Pine Bluff. Owen says that Reynolds drinks to excess but is not exactly an alcoholic; he knows when to drink and when not to. The truck was a farm vehicle, which Reynolds had never used without permission. On the day of the collision Owen and his wife went to New Orleans for the week end, leaving Reynolds at the farm and leaving the keys in the truck. Owen instructed Reynolds not to leave the farm and not to be drinking while the Owens were away. Owen did not believe that Reynolds would take the truck, as \u201che never bothered anything at any time without permission,\u201d but that night Reynolds did take the truck, drove to Pine Bluff apparently to see his children, and was involved in the collision with Mrs. Mitchell\u2019s car. Upon this proof a jury of fair-minded men would not be compelled to conclude that Owen was negligent; hence there was a question of fact upon which the trial court\u2019s finding is decisive.\nAffirmed.",
        "type": "majority",
        "author": "George Rose Smith, J."
      }
    ],
    "attorneys": [
      "Terral, Rawlings & Bosivell, for appellant.",
      "Bridges S Young, for appellee."
    ],
    "corrections": "",
    "head_matter": "Mitchell v. Owen.\n5-1976\n329 S. W. 2d 180\nOpinion delivered November 30, 1959.\nTerral, Rawlings & Bosivell, for appellant.\nBridges S Young, for appellee."
  },
  "file_name": "0299-01",
  "first_page_order": 323,
  "last_page_order": 324
}