Opinion
[313 Ark. 538-A] Odell Pollard, Searcy, for appellant.
David Hodges, Little Rock, for appellee.
SUPPLEMENTAL OPINION ON THE DENIAL OF PETITION FOR REHEARING
CORBIN, Justice.
In their petition for rehearing, appellants contend we made an error of fact which justifies a rehearing by erroneously stating in our opinion that "[t]he road narrows to one lane so that from 30 feet north of the crest to 40 feet south of the crest, only one vehicle may pass at a time."
Appellants correctly point out that our opinion does not describe an accurate picture of the road in question. The road actually narrows so that from 30-40 feet north of the crest to approximately 150 feet south of the crest, only one vehicle may pass at a time. However, our failure to fully describe the length of the one-way passage does not warrant rehearing because it was inconsequential to our reasoning and to our holding in this case.
Our opinion, 855 S.W.2d 323, turned on the fact that neither driver could see the approaching vehicle until each had committed to cresting [313 Ark. 538-B] the hill. Thus, any rule of the road relating to the yielding of the right of way to the vehicle which has first undertaken the narrow passage is inapplicable to this particular case because neither driver could see that the other either had or had not entered the narrow passage. The lack of visibility renders the length of the one-way passage irrelevant in this case. Any contention by appellants that our misstatement of fact confuses the issue of which driver entered the narrow passage first begs the question.
The petition for rehearing is denied.