St. Louis, Iron Mountain & Southern Ry. Co. v. Brooksher
Supreme Court of Arkansas
Appeal from Marion Circuit Court; Brice B. Hudgins, Judge; ■ 1. Having acquired by deed its right-of-way through the land, including the express provision therein of the right to change the watercourses, appellant was not liable to the appellees, the evidence disclosing nothing more than the damage resulting from that change. 47 Ark. 334. This is the right which the company had purchased and paid for; hence the allegation and attempt to prove unskillfulness in the work of…
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Appeal from Marion Circuit Court; Brice B. Hudgins, Judge; ■ 1. Having acquired by deed its right-of-way through the land, including the express provision therein of the right to change the watercourses, appellant was not liable to the appellees, the evidence disclosing nothing more than the damage resulting from that change. 47 Ark. 334. This is the right which the company had purchased and paid for; hence the allegation and attempt to prove unskillfulness in the work of constructing the culvert running straight the stream, instead of diagonally, has no place in this case. 2. The court erred…
1Opinion of the CourtMcCulloch, J.
This is an action instituted by appellees, the widow and heirs of W. R. Brooksher, against appellant railway company to recover damage done to their lands, which adjoin the right-of-way of the railroad, by reason of construction of a culvert under the roadbed, whereby the waters of a certain creek were diverted from the original channel and caused to flow over the land in question. They recovered a judgment for damages, and the railway company appealed.
Before the construction -of the railroad, W. R. Brooksher and wife, by deed duly executed, conveyed to the company a right-of-way through the…
2Cases cited7 opinions
- Railway v. CombsSupreme Court of Arkansas · 1888
- St. Louis, Iron Mountain & Southern Railway Co. v. AyresSupreme Court of Arkansas · 1900
- Little Rock & Fort Smith Railway Co. v. EvinsSupreme Court of Arkansas · 1905
- St. L., I. M. & S. Ry. v. WalbrinkSupreme Court of Arkansas · 1886
- St. Louis, Iron Mountain & Southern Railway Co. v. JacobsSupreme Court of Arkansas · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Texas Pacific Coal & Oil Co. v. BarkerTexas Supreme Court · 1928
- St. Louis, Iron Mountain & Southern Railway Co. v. MagnessSupreme Court of Arkansas · 1909
- General Fire Extinguisher Co. v. Beal-Doyle Dry Goods Co.Supreme Court of Arkansas · 1913
- Penn-National Hardware Mutual v. GriffinSupreme Court of Arkansas · 1927
- Carvin v. Arkansas Power & Light Co.Court of Appeals for the Eighth Circuit · 1993
5 more not listed; retrieve them via the Exa API.