St. Louis Southwestern Railway Co. v. Royall
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Eastern District. Aeren N. Hughes, Judge. STATEMENT BY THE COURT. The appellees in 1902 filed a petition in the county court of Clay County, asking the court to appoint viewers to lay out a public road. The viewers were appointed, and afterwards made a report recommending that the road be established.
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Appeal from Clay Circuit Court, Eastern District. Aeren N. Hughes, Judge. STATEMENT BY THE COURT. The appellees in 1902 filed a petition in the county court of Clay County, asking the court to appoint viewers to lay out a public road. The viewers were appointed, and afterwards made a report recommending that the road be established. The line of the proposed road crossed the track of the Saint Louis Southwestern Railway Company, and this company filed an intervening petition before the county court, in which it alleged that it would cost not less than $500 to prepare its track and roadbed so…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) This'is. an appeal by a railway company from a judgment of the circuit court, holding that under the statute it was not entitled to any compensation on account of the laying out of a public highway across its track. The statute in reference to laying out and opening public highways requires that viewers shall be appointed who “shall assess and determine the damages sustained by any person through whose premises the said road is proposed to be established, mentioning the damages to each tract separately.” Kirby’s Dig. § 3001.
It would seem that under this…
2Cases cited1 opinion
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
3Cited by10 opinions
- St. Louis S. F. R. Co. v. LoveSupreme Court of Oklahoma · 1911
- Union Pacific RR Co. v. State Ex Rel. Faulkner Cty.Supreme Court of Arkansas · 1994
- Kansas City Southern Railway Co. v. City of MenaSupreme Court of Arkansas · 1916
- Kansas, O. & G. Ry. Co. v. Grayson CountyCourt of Appeals of Texas · 1928
- Road Improvement District No. 7 v. St. Louis-San Francisco Railway Co.Supreme Court of Arkansas · 1926
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