Legal Opinion · Dissent

Kearby v. Yarbrough Brothers Gin Co.

Supreme Court of Arkansas

Decided June 22, 1970No. 5-5285Published

1DissentJohn A. Fogleman, Justice

Because of a failure of appellant to show causation by medical testimony, I would affirm the circuit court, in spite of the commission’s holding. How the doctor’s testimony can be said to lend substantial support to the commission’s finding is beyond my comprehension. The doctor’s admission that there- could be a connection between the decedent’s work and a heart attack was a reluctant and highly speculative one to say the least. His testimony on this point follows:

Q. I say, in your opinion, is there a relationship between the degree of stress and strain from his occupation and the occurrence…

2Cases cited6 opinions

  1. W. Shanhouse & Sons, Inc. v. SimmsSupreme Court of Arkansas · 1954
  2. Lingle v. Lingle Coal Co.Superior Court of Pennsylvania · 1964
  3. Bradley County v. AdamsSupreme Court of Arkansas · 1967
  4. Chapman v. FinkbeinerSupreme Court of Arkansas · 1959
  5. Georgia-Pacific Corp. v. CraigSupreme Court of Arkansas · 1967

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