HAMPTON v. RAINES

No. 7841.

334 S.W.2d 372 (1960)

Ellis J. HAMPTON and Arkansas-Best Freight System, Inc., an Arkansas corporation, Plaintiffs-Appellants, v. Charles E. RAINES and Melvin J. Ellis, Defendants-Respondents.

Springfield Court of Appeals, Missouri.

Motions for Rehearing and to transfer overruled April 19, 1960.


Attorney(s) appearing for the Case

George M. Flanigan, McReynolds, Flanigan & Flanigan, Carthage, Harper, Harper & Young, Fort Smith, Ark., for plaintiffs-appellants.

Karl W. Blanchard, Seiler, Blanchard & Van Fleet, Joplin, for defendants-respondents.


RUARK, Judge.

As an after-product of a head-on collision between two tractor-trailer outfits, we are presented with a question of humanitarian negligence on the theory of "failure to cease blinding."

The collision occurred at approximately 4:30 in the morning in a fairly heavy fog. It happened in the east (northbound) lane of Highway 71 just south of Jasper, Missouri. The road at that point is two-lane asphalt, approximately 24 feet wide. A few hundred feet...

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