Superior Forwarding Co. v. Garner

I do not agree with the majority view. In addition to the rule requiring that appelant Johnny Hunt’s testimony be considered as disputed and controverted, there is a stronger rule applicable to this case which is set out in Penny v. Gulf Refining Co., 217 Ark. 805, 233 S. W. 2d 372, as follows:

“A directed verdict for the defendant is proper only when there is no substantial evidence from which the jurors as reasonable men could possibly find the issues for the plaintiff. In such circumstances, the trial judge must give to the plaintiff’s evidence its highest probative value, taking into…