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Title 27 Transportation

Subtitle 4. Motor Vehicular Traffic

Chapter 51 Operation Of Vehicles - Rules Of The Road

Subchapter 6 - Stops and Yielding

27-51-603. Yield on entering highway from private road.

The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right-of-way to all vehicles approaching on the highway.

History. Acts 1937, No. 300, § 73; Pope's Dig., § 6731; A.S.A. 1947, § 75-624.


Case Notes



Duty to Lookout.

Instructions.

Negligence.

No Recovery.

Duty to Lookout.

Driver of truck about to enter highway from private driveway was under a duty to keep a proper lookout. Easley v. Inglis, 233 Ark. 589, 346 S.W.2d 206 (1961).

Instructions.

An instruction that the mere happening of an accident is not of itself evidence of negligence, even though there was uncontradicted proof that defendant had been negligent by failing to yield the right-of-way while pulling his vehicle from a private driveway into a public street, was not erroneous. Helton v. Missouri Pac. R.R., 260 Ark. 342, 538 S.W.2d 569 (1976).

Negligence.

A driver who enters a highway without first keeping a proper lookout for vehicles that might be traveling thereon is guilty of negligence. Sunday v. Burk, 172 F. Supp. 722 (W.D. Ark. 1959).

Driver guilty of negligence in entering upon highway from a private road without keeping a proper lookout for vehicle approaching on highway. Kelly v. United States, 230 F. Supp. 118 (W.D. Ark. 1964).

No Recovery.

Where trial judge heard parties testify and reached the conclusion that the contributory negligence of the parties was equal, neither party could recover against the other. Easley v. Inglis, 233 Ark. 589, 346 S.W.2d 206 (1961).

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