St. Louis Southwestern Railway Co. v. Morris
Supreme Court of Arkansas
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
- St. Louis, Iron Mountain & Southern Railway v. BiggsSupreme Court of Arkansas · 1889
- Sloggy v. DilworthSupreme Court of Minnesota · 1888
- Railway Co. v. YarboroughSupreme Court of Arkansas · 1892
- Railway Co. v. CookSupreme Court of Arkansas · 1893
- St. Louis, Iron Mountain & Southern Railway Co. v. StephensSupreme Court of Arkansas · 1904
3Cited by14 opinions
- McGraw v. WeeksSupreme Court of Arkansas · 1996
- Chicago, Rock Island & Pacific Railway Co. v. HumphreysSupreme Court of Arkansas · 1913
- Turner v. OvertonSupreme Court of Arkansas · 1908
- Chicago, R. I. & P. Ry. Co. v. DavisSupreme Court of Oklahoma · 1910
- Timothy J. Foohey Dredging Co. v. MabinSupreme Court of Arkansas · 1915
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