Pugh v. Texarkana Light & Traction Co.
Supreme Court of Arkansas
Appeals from Miller Circuit Court; (1) Antonio B. Grace, Judge, on Exchange of Circuits; (2) Jacob M. Carter, Judge; reversed as to Texarkana Light & Traction Company; 1. While it is held that street railways are not an additional burden of servitude upon the streets, yet the theory upon which this adjudication is based is that they are not in fact obstructions, that, after being erected, the public use of the streets in the ordinary way of travel is not obstructed.
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Appeals from Miller Circuit Court; (1) Antonio B. Grace, Judge, on Exchange of Circuits; (2) Jacob M. Carter, Judge; reversed as to Texarkana Light & Traction Company; 1. While it is held that street railways are not an additional burden of servitude upon the streets, yet the theory upon which this adjudication is based is that they are not in fact obstructions, that, after being erected, the public use of the streets in the ordinary way of travel is not obstructed. In this case the street railway company had appropriated to its exclusive use, by the erection of the bridge or trestle causing…
1Opinion of the CourtBattle, J.
The plaintiffs in these cases, who are appellants in this court, in separate actions, sued for damages on account of an accident which occurred in the city of Texarkana, in this State, on the fourth day of July, 1904, as follows: Plaintiffs and others were riding in a two-seated -surrey, and the horse drawing the same became frightened on Beech Street, and ran down grade three blocks and across two streets into Broad Street and upon a culvert in the street railway, which was operated by the Texarkana Tight & Traction Company in th^-t street. The surrey was thereupon overturned, and the…
2Cases cited6 opinions
- Detroit City Railway v. MillsMichigan Supreme Court · 1891
- Cunningham v. City of Thief River FallsSupreme Court of Minnesota · 1901
- San Antonio Rapid Transit Street Railway Co. v. LimburgerTexas Supreme Court · 1895
- Groves v. Louisville Ry. Co.Court of Appeals of Kentucky · 1900
- Heilman v. Lebanon & Annville Street Railway Co.Supreme Court of Pennsylvania · 1897
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3Cited by5 opinions
- Erhart v. HummondsSupreme Court of Arkansas · 1960
- Helena Gas Co. v. RogersSupreme Court of Arkansas · 1912
- Hogan v. HillSupreme Court of Arkansas · 1958
- Helena Gas Co. v. RogersSupreme Court of Arkansas · 1911
- Erhart v. HummondsSupreme Court of Arkansas · 1960