Isaack v. Davis

This case is another demonstration of the adage that hard cases make shipwreck of the symmetry of the law. Perhaps I would not be concerned about the result in this case, if I did not feel that it has virtually returned us to the court’s position in Simpson v. Reinman, 146 Ark. 417, 227 S.W. 15,1 and ignored the later severe limitations on the effect of that case, which have stopped just short of an outright overruling. I am aware that the majority professes not to go so far as Simpson v. Reinman. My reading and rereading of the majority opinion and the opinion in that case have not enabled…