St. Louis, Arkansas & Texas Railroad v. Anderson
Supreme Court of Arkansas
APPEAL from Washington Circuit Court. Hon. J. H. Berry, Judge of Circuit Court. This was a proceeding under secs. 4.944 — 48.Gantt’s Digest The testimony admitted below was objectionable, because: 1. Some of the witnesses who gave an opinion as to damages had not been on the land, and it was not shown that they had any knowledge of how the right of way affected it. 2. Some of the witnesses, who were allowed to speculate as to how much the market value of the laud would be…
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APPEAL from Washington Circuit Court. Hon. J. H. Berry, Judge of Circuit Court. This was a proceeding under secs. 4.944 — 48.Gantt’s Digest The testimony admitted below was objectionable, because: 1. Some of the witnesses who gave an opinion as to damages had not been on the land, and it was not shown that they had any knowledge of how the right of way affected it. 2. Some of the witnesses, who were allowed to speculate as to how much the market value of the laud would be diminished by building and operating a railroad through the tract, were not shown to possess any knowledge of the market…
1Opinion of the Court
STATEMENT.
Smith, J.
This was a proceeding under secs. 4944--4S of Gantt’s Digest, to obtain the right of way across a quarter section of land, and to assess the owner’s damages.' The surveyed line ran through an inclosed field for the distance of about one thousand feet, and the superficial area to be appropriated to the use of the railway company, computing the right of way at one hundred feet, would embrace a little less than three acres. The tract contained one hundred and forty acres, was well improved, and was proved to be worthjf4,000 or $5,000. The railway, when constructed, would pass…
2Cases cited5 opinions
- Cleveland & Pittsburgh Railroad v. BallOhio Supreme Court · 1856
- Alabama & Florida R. R. v. BurkettSupreme Court of Alabama · 1868
- Saint Joseph & Denver City R. R. v. OrrSupreme Court of Kansas · 1871
- Hunt v. SmithSupreme Court of Kansas · 1872
- Alabama & Florida Railroad v. BurkettSupreme Court of Alabama · 1871
3Cited by32 opinions
- Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
- Enoch v. Spokane Falls & Northern Railway Co.Washington Supreme Court · 1893
- St. Louis, Iron Mountain & Southern Railway Co. v. Theodore Maxfield Co.Supreme Court of Arkansas · 1910
- Ark. State Highway Comm. v. Union Planters Natl. BankSupreme Court of Arkansas · 1960
- Schuler v. Board of SupervisorsSouth Dakota Supreme Court · 1900
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