Sparks v. Chitwood Motor Co.

• Decision Date: 18 May 1936
• Docket Number: 4-4310
• Citation: Sparks v. Chitwood Motor Co., 94 S.W.2d 359, 192 Ark. 743 (Ark. 1936)
• Parties: SPARKS v. CHITWOOD MOTOR COMPANY
• Court: Arkansas Supreme Court

94 S.W.2d 359

192 Ark. 743

SPARKS v. CHITWOOD MOTOR COMPANY

4-4310

Supreme Court of Arkansas

May 18, 1936

Appeal from Garland Circuit Court; Earl Witt, Judge; affirmed.

Judgment affirmed.

W D. Swaim, for appellant.

A T. Davies and Barber & Henry, for appellees.

OPINION

MEHAFFY, J.

The appellant, Harry A. Sparks, brought this suit in the Garland Circuit Court against Chitwood Motor Company, a corporation, and Al Miller, for damages alleged to have been caused by the negligence of Miller. It was alleged that the appellant was in the employ of the appellee, Chitwood Motor Company, as salesman in the used car department, and that the automobile wreck was caused by the negligence of his superior, Al Miller, who was driving the automobile at the time, and was engaged in transporting appellant and other employees of said Chitwood Motor Company from Little Rock to Hot Springs. The Chitwood Motor Company is a corporation engaged in selling, trading-in, and repairing automobiles and trucks manufactured by the Chevrolet Motor Company. Appellant alleged that Al Miller was in the employ of Chitwood Motor Company as manager of its used car department, and performed various duties of a managerial and supervisory sort with respect to other departments; that Al Miller stood in the relationship of vice-principal, and was acting in the capacity of agent, employee and vice-principal of the motor company at the time of the injury.

The Chevrolet Motor Company was accustomed to hold zone meetings, at which, it is alleged that the salesmen of the distributors of the Chevrolet Motor Company throughout Arkansas, were invited and expected to attend. A meeting was held at the Marion Hotel at Little Rock on October 9, 1934. Appellant alleges that he was directed by Miller, his superior, to attend the meeting, and was instructed to report at the motor company's place of business in the late afternoon of October 9 prepared to accompany appellee, Al Miller, and other employees of the company to Little Rock for the purpose of attending the zone meeting. It was the practice of the Chitwood Motor Company to defray the expenses of its employees who were required to attend these zone meetings, and that Miller went to the motor company prior to departing for Little Rock and secured money to defray the expenses; that the motor company provided the car to be used on the trip; that the appellee Miller assumed control of the operation of said car. It is alleged that pursuant to the direction of Miller, appellant got in the car and took his place in the rear seat and was transported to Little Rock, where they were taken to the Marion Hotel, the place of the meeting. At the conclusion of the meeting, about 10 or 11 o'clock, p.m., the appellant and other salesmen returned to the automobile and appellant took his place on the rear seat. Miller was driving and they started back to Hot Springs. At a place on the highway where the upper Hot Springs highway leaves the main highway, and the main highway curves to the left, Miller drove the automobile off the highway and collided with a tree; that Miller was driving at an excessive rate of speed, and operating the car in a careless, reckless and negligent manner. As a result of the automobile striking the tree, appellant suffered grave and permanent injuries, and prayed for damages in the sum of $ 45,000.

The appellees filed separate answers denying the material allegations of the complaint.

At the conclusion of the testimony the court directed the jury to return a verdict in favor of appellees, which was done.

There were five persons in the party coming to attend the meeting; the appellant, Harry A. Sparks, appellee, Al Miller, Mack Lewis, John R. Tate and H. D. Gossett.

Before the party left Hot Springs, they stopped on Central Avenue at a place known as the Black Cat and purchased two pints of liquor. They stopped at Van's Cabin after they left Hot Springs and purchased some coca-colas and drank some of the liquor. They then stopped at Benton, and again got coca-cola and drank some more of the liquor. They stopped again at Irene's Place, and there drank some beer. All of them were drinking, and, when they got to Little Rock, they went to a cafe to eat supper, and Sparks says that he became sick, went out in the alley and vomited, and then returned to the restaurant. He did not finish his supper, but went out to the car and waited for the others. They then went to the Marion Garage and Gossett and Sparks stayed in the car a while, and the other boys left and said they were going to the meeting. In about ten or fifteen minutes Gossett left to go to the meeting. Sparks testified that later he went in and stayed fifteen or twenty minutes, and then came out and took a walk; he saw the other men at the meeting but did not talk to them. Sparks testified that he was all right when they started home; that he had been drinking whiskey, but was not drunk. He was in the back seat as they were going home, and they stopped again at Irene's Place. Sparks says, however, that he did not go in, but stayed in the back seat; that Gossett stayed with him a while and then went in, came back in a little while and got in the back seat with Sparks.

There...