St. Louis Southwestern Railway Co. v. Mackey
Supreme Court of Arkansas
Appeal from Craighead Court; N. P. Lamb, Special Judge; A common carrier can not set up as a defense an act of God where the carrier’s negligence concurred with that act: it must be free from fault. 11 L- R. A. 615; 59 Cal. 202; 89 Mo. 349; 35 L. R. A. 356. One obstructing the waters of a stream is not relieved from liability by showing that the overflow was an unprecedented flood, unless it appears that his act did not add to the damage. 74 Mo. 301; 32 N. E. 529; 101 N. W.…
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Appeal from Craighead Court; N. P. Lamb, Special Judge; A common carrier can not set up as a defense an act of God where the carrier’s negligence concurred with that act: it must be free from fault. 11 L- R. A. 615; 59 Cal. 202; 89 Mo. 349; 35 L. R. A. 356. One obstructing the waters of a stream is not relieved from liability by showing that the overflow was an unprecedented flood, unless it appears that his act did not add to the damage. 74 Mo. 301; 32 N. E. 529; 101 N. W. 736; 42 Am. R. 529. The verdict is sustained by the evidence. 74 Ark. 478; 70 Ark. 478.
1Opinion of the CourtFrauenthal, J.
This was an action instituted by J. F. Mackey, the plaintiff below, to recover for the damage which he alleged was done to his personal and real property by water which it is claimed was wrongfully and negligently diverted from and obstructed in its natural flow and cast upon plaintiff’s property. The plaintiff was the owner of two lots in the city of Jonesboro upon which were located a storehouse and his dwelling house. The lots were situated on the south side of the defendant’s railroad, and about 75 feet from its roadbed. At this place the natural flow of the water was in a southerly…
2Cases cited11 opinions
- City Electric Street Railway Co. v. ConerySupreme Court of Arkansas · 1895
- Little Rock & Fort Smith Railway Co. v. ChapmanSupreme Court of Arkansas · 1882
- Southwestern Telegraph & Telephone Co. v. BruceSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. CoolidgeSupreme Court of Arkansas · 1904
- St. Louis, Iron Mountain & Southern Railway Co. v. AndersonSupreme Court of Arkansas · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- McLaughlin v. City of HopeSupreme Court of Arkansas · 1913
- Bill C. Harris Construction Co. v. PowersSupreme Court of Arkansas · 1977
- Chicago, Rock Island & Pacific Railway Co. v. HumphreysSupreme Court of Arkansas · 1913
- Harris v. BrooksSupreme Court of Arkansas · 1955
- Bona v. Thomas Auto Co.Supreme Court of Arkansas · 1919
13 more not listed; retrieve them via the Exa API.