Stuart C. Irby Co. v. Smith

I think the judgment should be reversed and the case dismissed.

This case has been here once before. At its original trial, the court granted a motion for a directed verdict in favor of the defendant. This court reversed and remanded the- case for a new trial, its opinion being reported at 202 Ark. 736, 151 S. W. 2d 996. There has been no substantial change in the testimony.

In my opinion, the original decision was wrong and the testimony then before the court, and now before the court, showed that the plaintiff had no cause of action.

The decision of the court on this appeal is that by reason…