Legal Opinion · Concurrence

St. Louis Southwestern Railway Co. v. Jackson

Supreme Court of Arkansas

Decided March 3, 1969No. 5-4664Published

1Concurrence

John A. Fogleman, Justice.

I concur in all of the court’s application of the “law of the case” except as to that portion relating to the mental anguish award to grandparents. I do not think that the doctrine has any application to this part of the judgment of the court below. While the rule is a necessary and salutary one, its recognized harshness should not be extended beyond those situations in which it is necessary, particularly to reach a patently erroneous result, as is the case here. I have been unable to find any ease where this court has made the doctrine applicable to a situation of…

2Cases cited43 opinions

  1. Hartford Fire Insurance v. EnochSupreme Court of Arkansas · 1906
  2. St. Louis Southwestern Railway Company v. JacksonSupreme Court of Arkansas · 1967
  3. Miller Lumber Company v. FloydSupreme Court of Arkansas · 1925
  4. Missouri Pac. R.R. Co., Thompson v. Gilbert, Adm.Supreme Court of Arkansas · 1944
  5. Mode v. StateSupreme Court of Arkansas · 1961

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