Legal Opinion · Dissent

Myers v. Ark. State Highway Comm.

Supreme Court of Arkansas

Decided November 30, 1964No. 5-3375Published

1DissentPaul AVard, Associate Justice

For reasons hereafter stated I am unable to agree with the majority opinion. ■

The court gave two instructions. The first instruction told the jury appellant was entitled to “just compensation” for the land taken. The majority hold this instruction to be reversible error because it did not tell the jury what constituted “just compensation”. The second instruction did tell the jury what constituted “ just compensation”, and that is conceded to be true by the majority.

It is not contended by appellant or stated by the majority that the two instructions are contradictory as a matter of law. In the…

2Cases cited4 opinions

  1. Hearn v. East Texas Motor Freight LinesSupreme Court of Arkansas · 1951
  2. Roland v. Terryland, Inc.Supreme Court of Arkansas · 1953
  3. Wright v. RochnerSupreme Court of Arkansas · 1961
  4. Purnell v. Missouri Pacific Ry. Co.Supreme Court of Arkansas · 1962

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