Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

JAMES v. SOUTH CENTRAL STAGES

April 1, 1958

BENJAMIN JAMES AND HAZEL M. JAMES, PLAINTIFFS,
v.
SOUTH CENTRAL STAGES, INC., AND HARRY B. SMITH, DEFENDANTS.



The opinion of the court was delivered by: John E. Miller, District Judge.

Statement

On March 10, 1958, this case was tried to the Court without a jury. Prior to the trial of the case, the plaintiff, Benjamin James, by permission of the Court was permitted to take a nonsuit, and the complaint was dismissed as to said plaintiff. The case proceeded to trial upon the claim of the plaintiff, Hazel M. James, and at the conclusion of the trial the Court took the case under advisement pending receipt of briefs from the parties in support of their contentions.

The briefs of the parties have been received, and the Court, after considering the pleadings, evidence, and briefs of the parties, now makes and files herein its Findings of Fact and Conclusions of Law, separately stated.

Findings of Fact

1.

The plaintiff, Hazel M. James, is a citizen of Arkansas and resides in Baxter County, Arkansas. The defendant, South Central Stages, Inc., is a Missouri corporation, and the defendant, Harry B. Smith, is a citizen and resident of the State of Missouri. The matter in controversy, exclusive of interest and costs, exceeds the sum of $3,000.

2.

At the time of the collision involved in this action the defendant, South Central Stages, Inc., was engaged in the business of operating a bus service as a common carrier between Springfield, Missouri, and Mountain Home, Arkansas, and intermediate points.

3.

The collision involved in this litigation occurred at approximately 11:30 a. m. on July 5, 1956, near the village of Three Brothers in Baxter County, Arkansas. At that time and place the plaintiff, Hazel M. James, was driving her automobile in a generally southerly direction on Highway 5. She was making a trip to the Turnbo Store which is located on the east side of Highway 5. It was plaintiff's intention to drive her vehicle slightly past the front of the store and make a U-turn to the left or east and drive in front of the store with her automobile heading back in a northerly direction.

The plaintiff was driving on the highway at a speed of 20 to 25 miles per hour. When she was about 100 yards from the store she looked in her rear-view mirror, and saw no traffic approaching from the rear. She continued down the highway, and when she reached a point approximately even with the Turnbo Store, she drove her automobile to the right onto the west shoulder of the highway and came to a momentary stop. She then turned her automobile across the highway toward the east in proceeding to the Turnbo Store, and when her automobile reached a point in the west lane of the highway, said automobile being headed in a west-east direction facing east, a bus owned by the defendant, South Central Stages, Inc., and being driven by the defendant, Harry B. Smith, struck the left side of plaintiff's automobile at a point directly behind the left door of the automobile (it was a 2-door automobile).

At the time plaintiff made her turn across the highway she did not give a signal of her intention to turn, and she did not see the defendant's bus until immediately before the collision.

4.

The defendant, Harry B. Smith, was driving the bus in a southerly direction on Highway 5. When he was about 400 yards north of the store, he noticed plaintiff's automobile which at that time was about 75 to 100 yards from the store and was proceeding in a southerly direction. He had been driving at a speed of approximately 40 to 45 miles per hour, but as he approached the store he slowed his speed to about 35 miles per hour to enable him to observe ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.