Missouri Pacific R.R. v. N. Ark. Hw'y Imp. Dist.

A preponderance of the evidence shows both the authority of the engineer to make the settlement, as well as the ratification thereof later by the commissioners. It was therefore error to direct a verdict, as the evidence was conflicting. The court can only direct a verdict where from the evidence only one conclusion could be reached. 147 Ark. 206; 144 Ark. 229; 126 Ark. 427;132 Ark. 97; 132 Ark. 508. The bank was liable after it accepted the demurrage bills and issue its draft to appellant. 7 C.J. 705-707; 54 Am. Rep. 50; 17 Am. Ref. 305;160 F. 642; 116 Ark. 1; 10 Wall (U.S.) 604;217 Mass.…