Sappington v. L. R., M. R. & T. R. R.
Supreme Court of Arkansas
APPEAL from Chicot Circuit Court, Hon. T. E. Sorrells, Circuit Judge. STATEMENT, On the twenty-second of May, 1877, Sappington and Frasier filed in the Circuit Court of Chicot county their complaint at law, alleging, in substance, that they were the owners of certain lands in said county described in the complaint ; that about the year 1870 the Little Rock, Pine Bluff' and New Orleans Railway Company, organized under the general incorporation act of Arkansas, received from…
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APPEAL from Chicot Circuit Court, Hon. T. E. Sorrells, Circuit Judge. STATEMENT, On the twenty-second of May, 1877, Sappington and Frasier filed in the Circuit Court of Chicot county their complaint at law, alleging, in substance, that they were the owners of certain lands in said county described in the complaint ; that about the year 1870 the Little Rock, Pine Bluff' and New Orleans Railway Company, organized under the general incorporation act of Arkansas, received from the State $480,000 in levee bonds, under the provision of section 4053 of Gantt’s Digest, upon their claim that said road…
1Opinion of the CourtEaicin, J.
i!.oadVcom PLiability -agre^me’ts to build a-oad bed. This Court held, in Smithee, Comm’r, v. Garth, 33 Ark., 17, that there was no law authorizing the issue of “Arkansas State Levee Bonds.” Hence they were , void, and their acceptance by the company imposed upon it no duty for the neglect of which it could be held amenable to the State or any individual.. The agreement by the Little Rock, Pine Bluff and New Orleans Railroad Company, in consideration of a right of way over plaintiffs’ land, to so build their road bed as to. make it efficient as a levee to protect the lands, was connected…
2Cited by3 opinions
- Palmer v. Chicago & Alton RailroadMissouri Court of Appeals · 1909
- St. Louis Southwestern Railway Co. v. Missouri Pacific Railway Co.Supreme Court of Arkansas · 1933
- St. Louis Sw. Ry. Co. v. Mo. Pac. Ry. Co.Supreme Court of Arkansas · 1933