St. Paul Fire & Marine Insurance v. Prothro

I would reverse. Although I have great reluctance to overturn a jury verdict, it is unsupported by the evidence. Harmon v. Ward, 202 Ark. 54, 149 S.W. 2d 575 (1941); A.S. Barboro & Co. v. James, 205 Ark. 53, 168 S.W. 2d 202 (1943); Nuckols v. Flynn, 288 Ark. 1106, 312 S.W. 2d 444 (1958). The verdict reflects sympathy felt by the jury for the injured plaintiff. I, too, feel compassion for the 76-year-old appellee who has obviously suffered greatly. However, I do not feel there is evidence this suffering was proximately caused by the negligent act of the appellant.

The majority finds the answer…