¶1(concurring). The issue as to appellee’s liability for damages was fairly tried, and the reversal of the judgment on account of the assessment of damages should not call for a retrial of the whole case. Why should appellee be given a new trial on the question of his liability merely because the jury, after finding against him on that issue, disregarded the undisputed evidence as to the amount of damages? No error has been committed of which appellee can complain. Therefore he should not be given the advantage of an error committed in his favor. If, on the next trial, he should obtain a verdict in his own favor as to his liability, he will have secured an advantage by reason of the former error which the jury committed in his favor. Justice and the orderly course of judicial proceedings only demand that the case be re-tried on the question of the amount of damages to be recovered. In this way the only error in the case will be corrected, and the verdict of the jury on the other issue fairly tried, will be allowed to stand. Issues once fairly tried and settled by a verdict should not be again opened for retrial merely because error in the proceedings demands that other issues be retried. The result announced in Carroll v. Texarkana Gas & Electric Co., supra, did not meet with my approval, though I did not record a dissent. The practice thus established is so contrary to what, in my opinion, is logical and expedient in- the administration of justice that I feel impelled to record my disapproval.
103 Ark. 370
Bothe v. Morris
Decided April 29, 1912
Supreme Court of Arkansas · decided 1912-04-29
The appellant had a horse which he traded to appellee for his mare. Appellant brought this suit against appellee for breach of warranty, alleging that appellee warranted the mare to be sound at the time he exchanged his horse for her, but that the mare at the time was unsound, she having a disease known as the heaves; but that said disease was not at the time observable. He alleged that the mare he obtained in exchange was worthless; that his horse was worth $150.
Good law ✅— No negative treatment on recordhow we know
reversed · Decided 1912-04-29
How this case has been cited
Cited by 12 later decisions — most recently January 1995
12 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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