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JENNINGS v. SEXTON

No. 5-5107.

449 S.W.2d 408 (1970)

Spellman JENNINGS, Admr., Appellant, v. Elmer SEXTON, Appellee.

Supreme Court of Arkansas.

February 2, 1970.

Attorney(s) appearing for the Case

W. E. Billingsley, Melbourne, and Stubblefield & Matthews, Little Rock, for appellant.

Murphy, Arnold & Blair, Batesville, for appellee.

BROWN, Justice.

Tena Cheryl Rector, age three years, was fatally injured when she was struck in the driveway by a pickup truck driven by her maternal grandfather, Elmer Sexton. Spellman Jennings, Administrator, brought this suit against Sexton, seeking recovery for the death of the child. At the close of the administrator's proof the trial court granted a motion for an instructed verdict in favor of the defendant Sexton. On appeal the administrator challenges the...

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