Railway v. Hunt
Supreme Court of Arkansas
APPEAL from' Washington Circuit Court. J. M. Pittman, Judge. The Fayetteville and Little Rock Railway Company filed its petition against Thomas J. Hunt to condemn as a right of way a strip of ground one hundred feet in width through a forty acre tract of Hunt’s lands. The defendant filed no answer.
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APPEAL from' Washington Circuit Court. J. M. Pittman, Judge. The Fayetteville and Little Rock Railway Company filed its petition against Thomas J. Hunt to condemn as a right of way a strip of ground one hundred feet in width through a forty acre tract of Hunt’s lands. The defendant filed no answer. The tract described in the plaintiff’s petition was unfenced timbered land, but it was one of several adjoining tracts belonging to the defendant, embracing a farm on which he resided, and the court below admitted evidence to show the damages to the entire property which would result from the…
1Opinion of the CourtCockrill, C. J.
Railroads: Right of way: Damage to farm. In a proceeding by a railway to condemn a right of way,, the assessment of damages is not necessarily restricted to the injury done to the legal sub-division of land described in the. Petiti°xi. If the tract described is a part of a larger con-body of land, the owner may recover for the injury done to the tract as a whole. If the tract traversed by the road is part of a farm, its use as such is notice to the company that an injury to a part impairs the value of the whole, for the farm is a unit. It is not necessary, therefore, in such a case, that the…
2Cases cited2 opinions
- Cummins v. Des Moines & St. Louis R'y Co.Supreme Court of Iowa · 1884
- Minnesota Valley R. R. v. DoranSupreme Court of Minnesota · 1870
3Cited by7 opinions
- Yellowstone Park Railroad v. Bridger Coal Co.Montana Supreme Court · 1906
- Idaho & Western Railway Co. v. CoeyWashington Supreme Court · 1913
- Arkansas State Highway Commission v. LewisSupreme Court of Arkansas · 1968
- Foster v. Arkansas State Highway CommissionSupreme Court of Arkansas · 1975
- Arkansas Louisiana Gas Co. v. VerserSupreme Court of Arkansas · 1972
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