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AMI 909 Right of Way—Definition—Acquisition—Use

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 909
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 9. Rules of the Road
AMI 909 Right of Way—Definition—Acquisition—Use
When I use the term “right of way,” I mean the superior right to the immediate use of the [highway][street]. One must exercise ordinary care in acquiring the right of way. In other words, the right of way cannot be acquired by negligent conduct. Once having obtained the right of way, a person must continue to use ordinary care to avoid injury or damage to [himself][herself] or others.
NOTE ON USE
Use this instruction when the term “right of way” appears in another instruction.
COMMENT
This instruction is based in part on Ark. Code Ann. § 27-49-211.
The party first entering an intersection must be free of negligence in getting there in order to acquire the right of way. Jarrett v. Matheney, 236 Ark. 892, 370 S.W.2d 440 (1963); Menser v. Danner, 219 Ark. 130, 240 S.W.2d 652 (1951).
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