Little Rock & Fort Smith Railway Co. v. Greer
Supreme Court of Arkansas
Appeal from Conway Circuit Court; Wirriam L. Moose, Judge; Robert L. Greer sued the Little Rock & Ft. Smith Railway Company, alleging that he owned a dwelling house situated on Railroad Avenue, in the city of Morrilton; that defendant filled in its roadbed opposite plaintiff’s premises, obstructing the public street, so as to prevent plaintiff and the public from the free use and enjoyment thereof in front of plaintiff’s residence. The prayer was for $500 damages.
Read the full summary
Appeal from Conway Circuit Court; Wirriam L. Moose, Judge; Robert L. Greer sued the Little Rock & Ft. Smith Railway Company, alleging that he owned a dwelling house situated on Railroad Avenue, in the city of Morrilton; that defendant filled in its roadbed opposite plaintiff’s premises, obstructing the public street, so as to prevent plaintiff and the public from the free use and enjoyment thereof in front of plaintiff’s residence. The prayer was for $500 damages. There was an agreed statement of facts which recited the following facts: “The plaintiff, R. L. Greer, is the owner of a certain…
1Opinion
ON REHEARING.
McCulloch, J.
The principle is made clear in the original opinion that where a railroad corporation lawfully acquires a right of way over land, either by grant, prescription or condemnation, such acquisition covers all damages, present and prospective, resulting to the owner whose land is invaded. This upon the theory that full compensation is allowed at the time, and can be recovered only once. This principle applies, however, only to one whose lands have been invaded, and to the extent only of such invasion. One whose land has not been previously taken, under voluntary grant,…
2Cases cited2 opinions
- Hot Springs R. R. v. WilliamsonSupreme Court of Arkansas · 1885
- Saint Louis Southwestern Railway Co. v. DavisSupreme Court of Arkansas · 1905