Butler County Railroad v. St. Louis, Kennett & Southeastern Railroad
Supreme Court of Arkansas
Appeal from Clay Chancery Conrt, Eastern District; Archer Wheatley, Chancellor; 1. The conrt erred in transferring the cause to the cháncery court. The proceeding to condemn a right-of-way is statutory, and can only be determined in the circuit court. Where the land is sought for other than a public purpose, equity will relieve by injunction. 43 Ark.
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Appeal from Clay Chancery Conrt, Eastern District; Archer Wheatley, Chancellor; 1. The conrt erred in transferring the cause to the cháncery court. The proceeding to condemn a right-of-way is statutory, and can only be determined in the circuit court. Where the land is sought for other than a public purpose, equity will relieve by injunction. 43 Ark. Ill; 59 Id. 171; 76 Id. 239; 78 Id. 83; 91 Id. 231; 99 Id. 61; 102 Id. 492; 104 Id. 344. 2. No affirmative relief is asked by appellee, and its cross-complaint is not sufficient to entitle it to have the cause transferred to equity. 104 Ark. 344,…
1Opinion of the CourtHumphreys, J.
The appellant, Butler County Railroad Company, is a Missouri railroad corporation, authorized to construct, maintain and operate a railroad for public use within Arkansas, commencing at Poplar Bluff, Missouri, and running to Piggott, Arkansas. Appellee, Missouri, Kennett & Southeastern Railroad Company, is also a Missouri railroad corporation authorized to construct, maintain and operate a railroad for public use from Kennett, Missouri, to Piggott, Arkansas. The railroads were built and each has a main track in Pig-g-ott, Arkansas, running almost parallel in a southeasterly direction,…
2Cases cited3 opinions
- Mountain Park Terminal Railway Co. v. FieldSupreme Court of Arkansas · 1905
- Ozark Coal Co. v. Pennsylvania Anthracite RailroadSupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. Fort Smith & Van Buren Railway Co.Supreme Court of Arkansas · 1912
3Cited by3 opinions
- Burton v. WardSupreme Court of Arkansas · 1951
- DeSalvo v. Arkansas Louisiana Gas Co.District Court, E.D. Arkansas · 1965
- Burton v. WardSupreme Court of Arkansas · 1951