Legal Opinion · Concurrence

Arkansas State Highway Commission v. Darling

Supreme Court of Arkansas

Decided November 6, 1967No. 5-4303Published

1ConcurrenceJohn A. Fogleman, Justice

I concur in the majority’s result, but I reach it by approaches which wbuld not result, even, unintentionally, in erosive action on our “before and after” rule for testimony directed to the measure of compensation. I agree, however, that when a witness has shown sufficient knowledge to convince the trial judge that his opinion may be of value, he may state his opinion of the damages in a case such as this, when it is obvious that the opinion is based on the proper measure — i. e., the difference between the value of the land before the taking and after. St. L. I. M. & S. Ry. Co. v. Brooksher,…

2Cases cited19 opinions

  1. L. R. Junction Ry. v. WoodruffSupreme Court of Arkansas · 1887
  2. City of Little Rock v. SawyerSupreme Court of Arkansas · 1958
  3. Arkansas State Highway Commission v. GriffinSupreme Court of Arkansas · 1967
  4. Ark. State Highway Comm. v. SpeckSupreme Court of Arkansas · 1959
  5. Springfield & Memphis Railway v. RheaSupreme Court of Arkansas · 1884

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