Legal Opinion · Dissent

Sands v. Albert Pike Motor Hotel

Supreme Court of Arkansas

Decided December 2, 1968No. 5-4721Published

1DissentGeorge Rose Smith, J.

It is a basic rule, essential to orderly procedure, “that before an erroneous declaration or application of law by a trial court can avail a party on appeal, he must show that he was prejudiced thereby.” National Union Fire Ins. Co. v. School Dist. No. 60, 141 Ark. 547, 199 S.W. 924 (1917).

That showing has not been made here. The appellant has not abstracted any of the testimony taken before the Compensation Commission. In fact, on this appeal she makes no contention that the Commission’s decision was wrong. If, upon remand, the circuit court affirms the Commission’s action on its merits, the…

2Cases cited1 opinion

  1. National Union Fire Insurance v. School DistrictSupreme Court of Arkansas · 1917

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