Legal Opinion · Dissent

Arkansas State Highway Commission v. First Pyramid Life Insurance Co. of America

Supreme Court of Arkansas

Decided April 2, 1979No. 78-277Published

1DissentJohn A. Fogleman, Justice

I agree that the judgment must be reversed because of the exclusion of the testimony of Allen Horne. I cannot agree, however, with the court’s holding as to the testimony of Wesley Adams.

The trial of any lawsuit should be a search for truth, not a “cat and mouse” game. This should especially be true in an eminent domain suit. It is a procedure for seeking a truth based on an idealistic concept, that of “just compensation” for “private property . . . taken, appropriated or damaged for public use.” Art. 2, § 22, Constitution of Arkansas. The application of this concept in a realistic way is…

2Cases cited27 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Titan Oil & Gas, Inc. v. ShipleySupreme Court of Arkansas · 1975
  3. Arkansas State Highway Commission v. Nelson Bros.Supreme Court of Arkansas · 1935
  4. Campbell v. Arkansas State Highway CommissionSupreme Court of Arkansas · 1931
  5. State Ex Rel. State Highway Commission v. SteinkrausNew Mexico Supreme Court · 1966

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