Supreme Court of Arkansas March 2, 1925 (Missouri Pacific R.R. v. N. Ark. Hw'y Imp. Dist.)

A preponderance of the evidence shows both the authority of the engineer to make the settlement, as well as the ratification thereof later by the commissioners. It was therefore error to direct a verdict, as the evidence *Page 142 was conflicting. The court can only direct a verdict where from the evidence only one conclusion could be reached. 147 Ark. 206; 144 Ark. 229; 126 Ark. 427;132 Ark.