Legal Opinion · Dissent

J. Weingarten, Inc. v. Thompson

Supreme Court of Arkansas

Decided February 7, 1972No. 5-5736Published

1Dissent

John A. Fogleman, justice,

dissenting. I cannot agree that the question presented to us is one of credibility of witnesses or that the question presented to the circuit judge on motion for a directed verdict required any consideration of credibility. Appellee offered one version of the occurrence which did not give any indication that the “puddle” had been on the floor for any substantial length of time, as would be required for recovery. Her testimony did not make any showing that appellant was negligent. Jackson v. Hemphill, 245 Ark. 699, 434 S. W. 2d 818; Moore v. Willis, 244 Ark. 614, 426…

2Cases cited10 opinions

  1. Gunning v. CooleySupreme Court of the United States · 1930
  2. Stambaugh v. HayesNew Mexico Supreme Court · 1940
  3. Turner v. Hot Springs Street Railway Co.Supreme Court of Arkansas · 1934
  4. Bussmann Mfg. Co. v. National Labor Relations BoardCourt of Appeals for the Eighth Circuit · 1940
  5. Missouri Pacific Railroad Co. v. HamptonSupreme Court of Arkansas · 1938

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