Legal Opinion

Texas & St. Louis Railway Co. v. Eddy

Supreme Court of Arkansas

Decided May 15, 1884PublishedCited by 19 opinions

APPEAL from Columbia Circuit Court. Hon. C. E. Mitchel, Circuit Judge. 1. The verdict ivas excessive and should be set aside. 39 Ark, 387; <25 lb., 4.9. 2. The court erred in permitting and compelling witnesses to state in round numbers their opinion of the-damages. See rule 39 Ark., 167. 3. The assessor’s books were admissible to contradict the evidence of defendant. 8 Nev., 165.

1Opinion of the Court

Smith. J.

The railway company filed its petition to-condemn a right of way, one hundred feet wide, through the de'endant’s farm. The tract consisted of two hundred acres, proved to be worth about §10 per acre. The railroad traversed the cultivated portion of it for the distance-of half a mile. The land actually appropriated was computed to be six acres; but it cut up the remainder into an inconvenient shape, leaving fifteen or eighteen acres south of the railroad in a long narrow strip, of the average width of one hundred yards. As the houses and mass of improved land lay to the north, this…

2Cited by19 opinions

  1. San José & Almaden Railroad v. MayneCalifornia Supreme Court · 1890
  2. St. Louis, Iron Mountain & Southern Railway Co. v. MagnessSupreme Court of Arkansas · 1909
  3. Ark. State Highway Comm. v. CarderSupreme Court of Arkansas · 1957
  4. Birmingham Mineral Railroad v. SmithSupreme Court of Alabama · 1889
  5. Johnson & Wimsatt, Inc. v. Reichel-DerferCourt of Appeals for the D.C. Circuit · 1931

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