Winchester v. Bryant
Supreme Court of Arkansas
Appeal from Columbia Circuit Court. Charles W. Smith, Judge. Tbe conclusions of a jury are final only in cases where the evidence upon which the verdict must turn is exclusively oral testimony, uncorroborated by rational or physical facts.
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Appeal from Columbia Circuit Court. Charles W. Smith, Judge. Tbe conclusions of a jury are final only in cases where the evidence upon which the verdict must turn is exclusively oral testimony, uncorroborated by rational or physical facts. The burden was on appellees to account for the disappearance of the staves, since it was a matter peculiarly within their knowledge. 6 Wall. 299; 4 Watts (Pa.), 361. The court erred in giving the first, second and third instructions asked by appellees; and, also, in refusing to give the second, fifth, sixth, seventh and eighth instructions asked by…
1Opinion of the CourtBattle, J.
This action was brought by E. H. Winchester and others against L. R. Bryant and others, in the Union circuit court, to recover the possessiou of 30,000 staves of the estimated value of $1,200, and of fifteen cords of wood of the estimated value of $22.50. Plaintiffs alleged in their complaint that these staves and cordwood were wrongfully cut and made by the defendants from trees standing and growing on their (plaintiffs’) lands, to-wit, sections 21, 27,- 28, 34, 35, and south half of section 26, in township 19 south, in range 10 west, and'in Union county, in this state; and that the…
2Cited by2 opinions
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