Legal Opinion · Dissent

Arkansas State Highway Commission v. Clemmons

Supreme Court of Arkansas

Decided June 3, 1968No. 5-4534Published

1DissentJohn A. Fogleman, Justice

I disagree with the result reached by the majority because this court should not weigh the evidence offered. It should only determine whether there is evidence to support the findings of the trial judge. He made specific findings that:(1) Appellant, by its attorney, resident engineer and district engineer, fraudulently induced appellees to enter into this consent judgment by falsely representing to them that an underpass suitable for the movement of farm machinery and cattle of appellees would be constructed and maintained by appellant.(2) Appellant knew that the underpass as constructed…

2Cases cited23 opinions

  1. Cromwell v. HosbrookSouth Dakota Supreme Court · 1965
  2. Child v. ChildUtah Supreme Court · 1958
  3. Aiello v. Knoll Golf ClubNew Jersey Superior Court Appellate Division · 1960
  4. Lane v. RachelSupreme Court of Arkansas · 1965
  5. Alexander v. AlexanderSupreme Court of Arkansas · 1950

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