SIMMS v. TINGLE

No. 5-2050.

335 S.W.2d 449 (1960)

Nelcine SIMMS, Appellant, v. Peggy L. TINGLE, Appellee.

Supreme Court of Arkansas.

Dissenting Opinion May 23, 1960.

Rehearing Denied June 6, 1960.


Attorney(s) appearing for the Case

Dinning & Dinning, Helena, for appellant.

Barber, Henry, Thurman & McCaskill, Little Rock, for appellee.


JOHNSON, Justice.

This case arises out of an automobile collision. The sole question presented is whether appellant was a guest in appellee's car as a matter of law. The complaint, insofar as pertinent, alleged:

"That the plaintiff's (appellant's) presence in the automobile driven by the defendant was necessary by reason of the joint undertaking of the plaintiff and the defendant in selling and distributing `Go to Church Stamps' for the Church of God of the...

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