223 Ark. 601 267 S.W.2d 503

Parish v. Ben M. Hogan & Company.

5-411

267 S. W. 2d 503

Opinion delivered May 3, 1954.

Charles L. Farish and John G. Moore, for appellant.

Mehaffy, Smith S Williams and S. Hubert Mayes, for appellee.

Robinson, J.

Appellant J. D. Parish was injured while riding as a guest in a truck owned by Ben M. Hogan and Company and being operated by Hogan’s employee, Piezel. The court directed a verdict for the defendant on the theory there was no evidence of willful and wanton misconduct on the part of Hogan’s driver which would sustain a verdict in favor of the appellant Parish.

Before a guest in an automobile can recover against the owner or operator, he must show that the automobile was being driven in a willful or wanton manner. Ark. Stats., § 75-915 and § 75-913. Here there is no evidence whatever of willfulness or wantonness on the part of the driver of the truck. For a full discussion of the terms “willful” and “wanton” see Steward, Adm. v. Thomas, 222 Ark. 849, 262 S. W. 2d 901.

The truck involved had an A-frame mounted on the rear extending upward for several feet. The mishap occurred when the driver, Piezel, attempted to cross a bridge and the A-frame came in contact with the superstructure of the bridge. Undoubtedly there is evidence that Piezel was negligent; he was either negligent in estimating the height of the A-frame in relation to the upper portion of the bridge, or he simply forgot about *601the A-frame being on the truck; but there is no evidence that such negligence amounted to willful and wanton misconduct. In fact, the appellant Farish testified: “Q. There was nothing said, no warning given you by Mr. Fiez.el? A. No, he thought it would go under there himself, I am satisfied, or he wouldn’t have pulled under there.” There is no evidence that the accident occurred from any other cause than that explained by the appellant, and his testimony does not make out a case of willful and wanton misconduct on the part of the driver of the truck.

The court was correct in directing the verdict, and the judgment is therefore affirmed.

Parish v. Ben M. Hogan & Co.
223 Ark. 601 267 S.W.2d 503

Case Details

Name
Parish v. Ben M. Hogan & Co.
Decision Date
May 3, 1954
Citations

223 Ark. 601

267 S.W.2d 503

Jurisdiction
Arkansas

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