Legal Opinion

St. Louis Southwestern Railway Co. v. Morris

Supreme Court of Arkansas

Decided October 14, 1905PublishedCited by 14 opinions

Appeal from Lonoke Circuit Court. Geo. M. Chapline, Judge. The action is barred by the statute. 62 Ark. 360; 52 Ark. 240; 39 Ark. 463. It was error to instruct that the measure of damage would be the difference between, what the land would have otherwise produced and what it did actually produce. 62 Ark. 364; 56 Ark. 612, and cases there cited.

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Appeal from Lonoke Circuit Court. Geo. M. Chapline, Judge. The action is barred by the statute. 62 Ark. 360; 52 Ark. 240; 39 Ark. 463. It was error to instruct that the measure of damage would be the difference between, what the land would have otherwise produced and what it did actually produce. 62 Ark. 364; 56 Ark. 612, and cases there cited. The opinions of non-expert witnesses were inadmissible. 56 Ark. 612. Appellant is liable. 39 Ark. 463; 44 Ark. 360; 59 Tex. 128; 54 Ark. 155; 36 L. R. A. 417; 32 L. R. A. 708. The action was not barred; recovery was sought for successive injuries. .56…

1Opinion of the CourtBattue, J.

On the 29th day of January, 1903, Lee Morris commenced an action aginst the St. Louis & Southwestern Railway Company to recover the damages he had suffered by reason of a ditch made by the defendant. He alleged in his complaint that the defendant had made, and was at that time maintaining, and had maintained, a ditch by means of which it collected in one channel a large amount of water, diverted it from its natural drainage, and discharged it in a mass upon certain lands of the plaintiff, which otherwise would have flowed in other-directions; that his crops on these lands in the years 1900,…

2Cases cited5 opinions

  1. St. Louis, Iron Mountain & Southern Railway v. BiggsSupreme Court of Arkansas · 1889
  2. Sloggy v. DilworthSupreme Court of Minnesota · 1888
  3. Railway Co. v. YarboroughSupreme Court of Arkansas · 1892
  4. Railway Co. v. CookSupreme Court of Arkansas · 1893
  5. St. Louis, Iron Mountain & Southern Railway Co. v. StephensSupreme Court of Arkansas · 1904

3Cited by14 opinions

  1. McGraw v. WeeksSupreme Court of Arkansas · 1996
  2. Chicago, Rock Island & Pacific Railway Co. v. HumphreysSupreme Court of Arkansas · 1913
  3. Turner v. OvertonSupreme Court of Arkansas · 1908
  4. Chicago, R. I. & P. Ry. Co. v. DavisSupreme Court of Oklahoma · 1910
  5. Timothy J. Foohey Dredging Co. v. MabinSupreme Court of Arkansas · 1915

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