Legal Opinion · Dissent

City of Fort Smith v. DeLaet

Supreme Court of Arkansas

Decided February 6, 1967No. 5-4055Published

1DissentJohn A. Fogleman, Justice

Certainly the verdicts in these cases seem extremely liberal, but I do not believe that we are justified in reversing the judgments on the lack of substantial evidence to support the verdicts on the record before us. As an appellate court, we are concerned only with errors of a trial court as a basis for reversal. This is a question never properly raised in the trial court, so it has not properly reached us.

There were two witnesses in addition to the owner who testified about values of the DeLaet lands and four, in addition to owner France, who testified about values of the latter’s property.…

2Cases cited21 opinions

  1. Catlett v. Railway Co.Supreme Court of Arkansas · 1893
  2. Ark. State Highway Comm. v. RussellSupreme Court of Arkansas · 1966
  3. St. Louis Southwestern Railway Co. v. EllenwoodSupreme Court of Arkansas · 1916
  4. Hawkins v. Missouri Pacific RailroadSupreme Court of Arkansas · 1950
  5. Blackwood v. EadsSupreme Court of Arkansas · 1911

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API