Upon approaching a person walking upon or along a public highway, or a horse or other draft animal being ridden, led, or driven thereon, the operator of a motor vehicle or motor bicycle shall give reasonable warning of his approach and use every reasonable precaution to avoid injuring the persons or frightening the horses or other draft animals.
History. Acts 1911, No. 134, § 17, p. 94; C. & M. Dig., § 7433; Pope's Dig., § 6645; A.S.A. 1947, § 75-661.
Case Notes
Instructions.
Jury Questions.
Proximate Cause.
While it is not error to instruct in the language of this section, it is not necessary when instruction is covered in court's other instructions. Ransom v. Weisharr, 236 Ark. 898, 370 S.W.2d 598 (1963).
In action for injuries from an automobile accident, evidence that motorist failed to stop after striking plaintiff and that she continued to live in the vicinity presented a jury question of whether motorist had by any improper action of her own concealed from plaintiff his cause of action as to preclude the running of the statute of limitations. Kurry v. Frost, 204 Ark. 386, 162 S.W.2d 48 (1942).
A truck driver who overtook a horseman on the highway at excessive speed and failed to reduce speed sufficiently to avoid collision with the horse, although seeing it in time to have done so, was negligent and such negligence was a proximate cause of his collision with the horse. Collins v. Southern Cent. Co., 275 F. Supp. 369 (W.D. Ark. 1967).
Cited: Bean v. Coffee, 169 Ark. 1052, 277 S.W. 522 (1925).