Fort Smith v. McLean

This is the second appeal of this case, a sufficient statement of which appears in the former opinion in McLean v. Fort Smith, 185 Ark. 582, 48 S. W. (2d) 228.

The court directed a verdict in said cause, from which the appeal was taken, and this court reversed and remanded with directions for a new trial on April 11, 1932.

The facts developed upon this trial are virtually the same as were shown upon the first trial, and were in sharp conflict as to whether the building was a nuisance, and because that question was not submitted to the jury the cause was reversed.

Upon this trial upon virtually…