Railway v. Combs
Supreme Court of Arkansas
APPEAL from Washington Circuit Court. J. M. Pittman, Judge. 1. The damages were excessive. The verdict is evidently based upon the evidence of witnesses who based their ■opinions upon fanciful and purely speculative damages, and not upon the difference in the market value before and after the taking. 2. “Liability to frighten teams or stock” is not an element of damage to be considered. 41 Ark., 435; Mills Em.
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APPEAL from Washington Circuit Court. J. M. Pittman, Judge. 1. The damages were excessive. The verdict is evidently based upon the evidence of witnesses who based their ■opinions upon fanciful and purely speculative damages, and not upon the difference in the market value before and after the taking. 2. “Liability to frighten teams or stock” is not an element of damage to be considered. 41 Ark., 435; Mills Em. Dom., sec. 166; 103 Mass., 7; 24 Kas., 745; 14 A. & E. R. cases, 172; lb., 198-202. The opinions of witnesses not admissible. The extent of ■damage is to be proven by facts, and…
1Opinion of the CourtCockrill, C. J.
This is an appeal from a judgment awarding damages assessed by a jury as compensation to a. land-owner in a statutory proceeding instituted by the railway for condemnation of a right of way. The road had been constructed diagonally across the cultivated lands of Combs’ farm. The-questions raised by the company’s appeal relate mainly to the-measure of damages.
The court’s charge definitely confined the jury to the consideration of the difference in value of the tract through which the right of way was condemned before and after.the construction of the road, in accordance with the ruling in…
2Cases cited2 opinions
- Snyder v. Western Union RailroadWisconsin Supreme Court · 1869
- Clayton v. Chicago, Iowa & Dakota R'y Co.Supreme Court of Iowa · 1885
3Cited by24 opinions
- St. Louis, El Reno & Western Railway Co. v. OliverSupreme Court of Oklahoma · 1906
- Patterson Orchard Co. v. Southwest Arkansas Utilities Corp.Supreme Court of Arkansas · 1929
- Baucum v. Arkansas Power & Light Co.Supreme Court of Arkansas · 1929
- St. Louis, Iron Mountain & Southern Railway Co. v. MagnessSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. AyresSupreme Court of Arkansas · 1900
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