Paragould & Memphis Railroad v. Smith
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Chickasawba District; Frank Smith, Judge; A new trial should be granted where there is no evidence to support the verdict, or where it fails in some material link.
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Appeal from Mississippi Circuit Court, Chickasawba District; Frank Smith, Judge; A new trial should be granted where there is no evidence to support the verdict, or where it fails in some material link. The jury will not be allowed to supply such missing link, by inference or presumption from other facts unless they be legitimate and fair, 11 Ark. 630; 34 Ark. 632. Whether or not the evidence in a case possesses any probative value is a question of law and not of fact, and the appellate court will set aside a judgment when the record shows no substantial evidence in support of the verdict.…
1Opinion of the CourtFrauenthal, J.
This was an action instituted by D. A. Smith, who was the plaintiff below, to recover the sum of $2,110 for work done for the defendant. The defendant pleaded payment.
The defendant by written contract employed the plaintiff to clear and grade 187 stations of its' right-of-way, and agreed to pay him therefor $10 per station; and later it employed him to make 2,000 ties, for which it agreed to pay 12 cents per tie. It was admitted that the plaintiff had performed all this work. The defendant was engaged in building to its main line of railroad a spur track which extended to a large body of…
2Cited by9 opinions
- Traders & General Ins. Co. v. PowellCourt of Appeals for the Eighth Circuit · 1949
- St. Louis-San Francisco Railway Co. v. BishopSupreme Court of Arkansas · 1930
- The Western Union Telegraph Co. v. Byrd, Adm'x.Supreme Court of Arkansas · 1938
- St. Louis-San Francisco Railway Co. v. HarmonSupreme Court of Arkansas · 1929
- Jackson v. RichardsonSupreme Court of Arkansas · 1930
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