{
  "id": 1672671,
  "name": "Pamela GARRETT, A Minor, by Harvey GARRETT, Her Father and Next Friend, and Harvey GARRETT, individually v. Donald GALLOWAY",
  "name_abbreviation": "Garrett ex rel. Garrett v. Galloway",
  "decision_date": "1978-05-15",
  "docket_number": "77-383",
  "first_page": "460",
  "last_page": "462",
  "citations": [
    {
      "type": "official",
      "cite": "263 Ark. 460"
    },
    {
      "type": "parallel",
      "cite": "565 S.W.2d 432"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 219,
    "char_count": 2827,
    "ocr_confidence": 0.882,
    "sha256": "716aa457d67fffb9b060d8b03fce8d18be31fe2810f4560651c7c56896561896",
    "simhash": "1:3619c37e273dd39e",
    "word_count": 468
  },
  "last_updated": "2023-07-14T19:12:30.639178+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "We agree: Harris, C.J., and George Rose Smith and Fogleman, JJ."
    ],
    "parties": [
      "Pamela GARRETT, A Minor, by Harvey GARRETT, Her Father and Next Friend, and Harvey GARRETT, individually v Donald GALLOWAY"
    ],
    "opinions": [
      {
        "text": "Frank Holt, Justice.\nAppellants initiated this action in Poinsett Circuit Court against appellee to recover damages for personal injuries received by Pamela in a boating accident which occurred on Greers Ferry Lake in Cleburne County. Appellee demurred to the complaint on the basis the court lacked jurisdiction. The trial court sustained appellee\u2019s demurrer and dismissed the complaint. Appellants argue, and we agree, that venue for this civil action was properly in Poinsett County since it is the county wherein they resided at the time of the alleged injury.\nThe circuit courts have original jurisdiction in actions for the \u201credress of civil wrongs, except when exclusive jurisdiction is given to other courts . . . . \u201d Ark. Stat. Ann. \u00a7 22-301 (Repl. 1962). Further Ark. Stat. Ann. \u00a7 27-610 (Repl. 1962) reads:\nAll actions for damages for personal injury or death by wrongful act shall be brought in the county where the accident occurred which caused the injury or death or in the county where the person injured or killed resided at the time of injury.\nAppellee agrees that venue here would have properly been in Poinsett County where appellants reside had the accident occurred on land but asserts that since it happened on a navigable body of water, proper venue was in Cleburne Circuit Court, citing Ark. Stat. Ann. \u00a7 21-242 (Repl. 1968). Ark. Stat. Ann. \u00a7 21-221 \u2014 21-242 (Act 453 of 1959) is a comprehensive act with respect to the rules, operation, regulations and liability in the ownership and operation of watercraft on state navigable waters. \u00a7 21-240 provides that violations of any provisions of the act constitute a misdemeanor. \u00a7 21-242 states:\nJurisdiction to try offenses under this Act (\u00a7\u00a7 21-221 \u2014 21-242] shall be in the courts of the county where the person owning or operating such boat resides, or in the county where the offense is committed or in any county through or by which said boat is being run or operated on the waters of this State at the time of such violation of this Act.\nWe are of the view that this act vests jurisdictcon in the various circuit courts to try criminal offenses only. We do not think the legislature, by this later act, intended to preempt \u00a7 27-610 as to jurisdiction and venue for the redress of a civil wrong. Consequently, the appellants, being residents of Poinsett County, had a choice of bringing their action there. Therefore, the court should have overruled the demurrer.\nReversed and remanded for proceedings consistent with this opinion.\nWe agree: Harris, C.J., and George Rose Smith and Fogleman, JJ.",
        "type": "majority",
        "author": "Frank Holt, Justice."
      }
    ],
    "attorneys": [
      "Lohnes T. Tiner, for appellants.",
      "F. W. Jeffcoat, for appellee."
    ],
    "corrections": "",
    "head_matter": "Pamela GARRETT, A Minor, by Harvey GARRETT, Her Father and Next Friend, and Harvey GARRETT, individually v Donald GALLOWAY\n77-383\n565 S.W. 2d 432\nOpinion delivered May 15, 1978\n(Division I)\nLohnes T. Tiner, for appellants.\nF. W. Jeffcoat, for appellee."
  },
  "file_name": "0460-01",
  "first_page_order": 486,
  "last_page_order": 488
}