Bentonville R. R. v. Baker
Supreme Court of Arkansas
APPEAL from Benton Circuit Court. Hon. J. M. Pittman, Circuit Judge. 1. Only one cause of action was set out in the complaint; trespass in taking possession of the land. The allegations of negligence in constructing the road-bed were a separate cause of action, and no facts were alleged upon which á judgment could be based. If there was no trespass, the allegations as to negligence in construction cut no figure.
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APPEAL from Benton Circuit Court. Hon. J. M. Pittman, Circuit Judge. 1. Only one cause of action was set out in the complaint; trespass in taking possession of the land. The allegations of negligence in constructing the road-bed were a separate cause of action, and no facts were alleged upon which á judgment could be based. If there was no trespass, the allegations as to negligence in construction cut no figure. By no rule of law can one be held a trespasser in taking possession of land by authority of one in possession who has the legal right thereto. The widow, having a life estate, sold…
1Opinion of the CourtCockrill, C. J.
1. Railroads : Right of way— who may con-
The statute regulating the proceedings for condemnation of right of way for railroads makes no provision for the initiation of proceedings by the land-owner. Mans. Rev. Stat., Sec. 3438, et seq. The company alone can put the statutory remedy into operation, and if they neglect to do so, one who is injured by the construction of the road has his remedy by action against the company for the injury sustained. C. & F. R’y v. Turner, 31 Ark., 494; C. & F. R’y v. Trout, 32 Ib., 17; L. R. & F. S. R’y v. Dyer, 33 Ib., 360; Whitehead v. A. C. R’y, 28 Ib., 461;…
2Cited by16 opinions
- Stewart v. Ohio River R'dWest Virginia Supreme Court · 1893
- Chicago, Rock Island & Pacific Railway Co. v. HumphreysSupreme Court of Arkansas · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. MagnessSupreme Court of Arkansas · 1909
- Lewis v. City of SeattleWashington Supreme Court · 1893
- St. Louis Southwestern Railway Co. v. MackeySupreme Court of Arkansas · 1910
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