Arkansas State Highway Commission v. Byars

I respectfully dissent because — as I see it — the majority opinion of this Court shows that it has invaded the province of the jury.

Our Constitution says, in Art. 2, § 7:

“The right of trial by jury shall remain inviolate, and shall extend to all cases at law, without regard to the amount in controversy; . . .”

Under this salutary provision, this Court has always held — even in eminent domain proceedings — (a) that the jury’s verdict will not be disturbed on appeal if supported by substantial evidence; and (b) that in viewing tbe evidence — to see if it is substantial — we view it in the light…