St. Louis & San Francisco Railway v. Smith
Supreme Court of Arkansas
APPEAL from Washington Circuit Court. Hon. W. F. Pace, Special Judge of the Circuit Court. The price paid for land may be put in evidence to show its value. (Mills on Em. Domain, sec. 168; Pierce on Railroads, p. 225; 100 Mass., 350; 58 Pa., 26 ; 7 Allen, 313; 68 Ill., 380.) The right to prove the market value of the land before and after the building of the road is clear. Pierce on R. R., p. 225; 13 Met., 316; 118 Mass., 546 ; 65 Me., 230; 2 Iowa, 288; 36 Ib., 323; 74 Pa.
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APPEAL from Washington Circuit Court. Hon. W. F. Pace, Special Judge of the Circuit Court. The price paid for land may be put in evidence to show its value. (Mills on Em. Domain, sec. 168; Pierce on Railroads, p. 225; 100 Mass., 350; 58 Pa., 26 ; 7 Allen, 313; 68 Ill., 380.) The right to prove the market value of the land before and after the building of the road is clear. Pierce on R. R., p. 225; 13 Met., 316; 118 Mass., 546 ; 65 Me., 230; 2 Iowa, 288; 36 Ib., 323; 74 Pa. St., 262; 18 Ill., 257; 10 Ind., 560; 18 Minn., 184; 64 Mo., 149; 5 Ohio St., 568, etc. Contends that while it may be…
1Opinion of the CourtSmith, J.
This vyas a proceeding under the statute by a railway company to have the damages assessed for appropriating the right of way through the defendant’s farm. The tract contained 237 acres, and the road ran through the cultivated part of it for the distance of three-quarters of a mile. The land actually taken was less than ten •acres. The jury gave a verdict for $430 damages, upon which judgment was entered.
On the trial the petitioning company introduced McDaniel, one of the defendants, and offered to prove by him that he had, shortly before the commencement of the •condemnation proceedings,…
2Cases cited1 opinion
- Ham v. City of SalemMassachusetts Supreme Judicial Court · 1868
3Cited by5 opinions
- Rea v. Pittsburg & Connellsville RailroadSupreme Court of Pennsylvania · 1910
- Atlantic Refining Co. v. Director of Public WorksSupreme Court of Rhode Island · 1967
- Myers v. Ark. State Highway Comm.Supreme Court of Arkansas · 1964
- State v. Crook.Supreme Court of North Carolina · 1903
- Schacht v. Oriental Storage & Transfer Co.Wisconsin Supreme Court · 1913