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CHISM v. PHELPS

No. 5-1514.

311 S.W.2d 297 (1958)

Leon CHISM, Appellant, v. Cary "Bud" PHELPS, Appellee.

Supreme Court of Arkansas.

March 24, 1958.

Attorney(s) appearing for the Case

Reid & Burge, Blytheville, for appellant.

Gene Bradley and Max B. Harrison, Blytheville, for appellee.

MILLWEE, Justice.

The principal question for decision is whether the comparative negligence statute of 1955 [Act 191 of 1955] or the common law rule of contributory negligence is applicable to the instant action for personal injuries and damages growing out of an automobile collision.

On October 31, 1956, a collision occurred on U. S. Highway 61 near Blytheville, Arkansas, between automobiles owned and being driven...

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