Legal Opinion · Dissent

Arkansas State Highway Comm'n v. Lemley

Supreme Court of Arkansas

Decided March 15, 1971No. 5-5384Published

1DissentJohn A. Fogleman, Justice

I would affirm this judgment. Roy Jackson testified that the difference in value amounted to $22,000. No infirmities are found in that testimony. It affords ample support to the jury verdict without regard to the Barnes testimony, as I will subsequently attempt to illustrate. Regardless of this, however, I submit that there was no reversible error in the trial court’s refusal to strike Barnes’ testimony as to severance damage. The reason given for reversal in the majority opinion is not the basis of appellant’s argument, and does not seem to me to have support in the record. We have uniformly…

2Cases cited15 opinions

  1. Nelson v. BusbySupreme Court of Arkansas · 1969
  2. Cummings v. BoylesSupreme Court of Arkansas · 1967
  3. Young v. Arkansas State Highway Comm'nSupreme Court of Arkansas · 1967
  4. Kane v. Carper-Dover Mercantile Co.Supreme Court of Arkansas · 1944
  5. Arkansas State Highway Commission v. OrmondSupreme Court of Arkansas · 1969

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