Stuart C. Irby Co. v. Smith

This is the second appeal in this case. The opinion of this court on the first appeal is reported in 202 Ark. 736, 151 S. W. 2d 996, where a full statement of the facts in the case may be found.

On the first appeal, this court held that the trial court had erred in directing a verdict for the defendant; and the cause was reversed and remanded. The second trial in the circuit court resulted in a jury verdict for the plaintiff; and the defendant has now appealed, raising only two questions on the present appeal. We now state and decide these:

I. Defendant’s request for an instructed verdict.

The…