Griffin v. Searcy County
Supreme Court of Arkansas
.Appeal from Searcy Circuit Court; J. M. Shinn, Judge; Notwithstanding the rule not to disturb the verdict of a jury if there is any evidence to support it, yet, if a jury ignores the testimony and returns a verdict not responsive to it, this court will correct the error.
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.Appeal from Searcy Circuit Court; J. M. Shinn, Judge; Notwithstanding the rule not to disturb the verdict of a jury if there is any evidence to support it, yet, if a jury ignores the testimony and returns a verdict not responsive to it, this court will correct the error. The jury is not without restraint, and where, in its assessment of damages, the amount awarded is either so large, or so small, as to shock the sense of justice, its verdict should be set aside. 39 Ark. 491; 70 Id. 385; 47 Id. 567.
1Opinion of the CourtHumphreys, J.
About two acres of land belonging to appellant was condemned for road purposes in the Searcy County Court, in which proceeding appellant was awarded damages in the sum of $300. An appeal was prosecuted to the circuit court, where, upon a trial de novo, appellant was awarded damages in the sum of $350, from which is this appeal.
Reversal of the judgment awarding damages in the sum of $350 only is sought xipon the alleged ground that the least amount which could have been assessed under the evidence was $700. The basis for this contention is that, according to the testimony of any witness…
2Cases cited1 opinion
- Bennett v. SnyderSupreme Court of Arkansas · 1921
3Cited by4 opinions
- Arkansas State Highway Commission v. McAlisterSupreme Court of Arkansas · 1969
- Arkansas State Highway Commission v. ByarsSupreme Court of Arkansas · 1953
- Arkansas State Highway Commission v. ByarsSupreme Court of Arkansas · 1953
- Lindsey v. City of Forrest CitySupreme Court of Arkansas · 1976