Legal Opinion · Dissent

Arkansas State Highway Comm'n v. Schmoll

Supreme Court of Arkansas

Decided February 9, 1970No. 5-5070Published

1DissentJohn A. Fogleman, Justice

I respectfully dissent because I think the court has actually weighed the evidence in this case and, after comparing the testimony of value witnesses presented by appellant with that of value witnesses for appellee, decided that the appellee’s evidence failed to provide substantial support for the jury verdict, or that the sales relied upon by appellant’s witnesses were more comparable than those relied upon by appellee. I do not see how it can be said that the record on this second trial and the arguments advanced by appellant here require a second reversal of this case.

In the first place…

2Cases cited17 opinions

  1. Ark. State Highway Comm. v. RussellSupreme Court of Arkansas · 1966
  2. Arkansas State Highway Commission v. ByarsSupreme Court of Arkansas · 1953
  3. Ark. State Highway Comm. v. WatkinsSupreme Court of Arkansas · 1958
  4. Arkansas State Highway Commission v. DuffSupreme Court of Arkansas · 1969
  5. Arkansas State Highway Comm'n v. DarrSupreme Court of Arkansas · 1969

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