Hubbard v. Graves, 5-3711
| Decision Date | 17 January 1966 |
| Docket Number | No. 5-3711,5-3711 |
| Citation | 398 S.W.2d 69,240 Ark. 64 |
| Parties | Burna Dean HUBBARD, Appellant, v. Charles GRAVES and Irene Graves, his wife, Appellees. |
| Court | Arkansas Supreme Court |
Jeptha A. Evans, Booneville, for appellant.
No brief filed for appellees.
This litigation grows out of a collision between two automobiles on November 23, 1961 in Conway County.
One car, driven by Charles Graves and owned by his wife Irene Graves (appellees herein), was traveling south on a public highway when it collided with the other car, owned and driven by Burna Dean Hubbard (appellant herein), which was traveling north when the collision occurred. As a result of the collision Mr. Graves and appellant allegedly suffered personal injuries and Mrs. Graves' car was damaged.
Appellees filed suit asking $47,00 for personal injuries and $1000 for car damage resulting from appellant's negligence. Appellant filed a general denial and also a counterclaim for $3000.
A trial before the Circuit Judge, sitting as a jury, resulted in a judgment for $600 in favor of Mr. Graves and $200 in favor of Mrs. Graves, and a dismissal of appellant's counterclaim. In arriving at the above results the trial court found:
On appeal appellant's only contention is that the findings of the trial court are not supported by the evidence. We are unable to agree with that contention.
First we point out that appellant is in error in her contention the judgments must be supported by a preponderance of the evidence, relying on the case of Smith v. Magnet Cove Barium Corporation, 212 Ark. 491, 206 S.W.2d 442. This case, being on appeal from Chancery Court, does not state the rule applicable in the case under consideration here where the issues were decided by the circuit judge sitting as a jury. That being true, the judge's findings must be affirmed if supported only by substantial evidence. Norvell v. James, 217 Ark. 932, 234 S.W.2d 378 and Salem School District No. 30 of Fulton County v. United Structures,...
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St. Louis Southwestern Ry. Co. v. Pennington
...In cases of comparative negligence, the negligence of the plaintiff and that of the defendant are concurring causes. See Hubbard v. Graves, 240 Ark. 64, 398 S.W.2d 69. The pickup truck was barely moving when struck. There was evidence from which it might appear that even greater signaling t......
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Industrial Park Businessmen's Club, Inc. v. Buck
...and the supporting evidence not substantial. Of course, we are not concerned with the preponderance of the evidence. Hubbard v. Graves, 240 Ark. 64, 398 S.W.2d 69. Although the testimony probably contains more inconsistencies and conflicts than are usually found in the versions of an alterc......