Chicago, Rock Island & Pacific Railway Co. v. McCutchen
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; Hance N. Hutton, Judge; 1. The action brought by the lessor of this appellant on February 28, 1904, is a bar to this action. The complaint in that case, without alleging damages for any particular year or time, alleged that 12 acres of land was damaged to such extent as to prevent its cultivation “or use for any purpose.”
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Appeal from St. Francis Circuit Court; Hance N. Hutton, Judge; 1. The action brought by the lessor of this appellant on February 28, 1904, is a bar to this action. The complaint in that case, without alleging damages for any particular year or time, alleged that 12 acres of land was damaged to such extent as to prevent its cultivation “or use for any purpose.” The -damages sued for and awarded were for a permanent injury. 62 Ark. 360. 2. This action is barred by the statute of limitations. 3. It was error to admit in evidence the fifth paragraph of the lease between appellant and the lessor.…
1Opinion of the CourtMcCulloch, J.
The plaintiff, James McCutchen, is the owner of a tract of land in St. Francis County across which runs the line of railroad now operated by the defendant, Chicago, Rock Island & Pacific Railway Company as lessee of the Choctaw, Oklahoma & Gulf Railroad Company; and he sues to recover damages alleged to have been sustained by reason of flooding of the land with water which prevented, during the year 1904, the cultivation of a crop.
He alleges in his complaint that the railroad company, in raising its roadbed during the year 1901, constructed an embankment which obstructed a ditch draining the…
2Cases cited6 opinions
- St. Louis, Iron Mountain & Southern Railway v. BiggsSupreme Court of Arkansas · 1889
- St. Louis, Iron Mountain & Southern Railway Co. v. AndersonSupreme Court of Arkansas · 1896
- Railway Co. v. CookSupreme Court of Arkansas · 1893
- Baker v. AllenSupreme Court of Arkansas · 1899
- St. Louis Southwestern Railway Co. v. MorrisSupreme Court of Arkansas · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Missouri Pac. R.R. Co., Thompson, Trustee v. McGuireSupreme Court of Arkansas · 1943
- Chicago, Rock Island & Pacific Railway Co. v. HumphreysSupreme Court of Arkansas · 1913
- Board of Directors of St. Francis Levee District v. BartonSupreme Court of Arkansas · 1909
- Turner v. OvertonSupreme Court of Arkansas · 1908
- Chicago, R. I. & P. Ry. Co. v. DavisSupreme Court of Oklahoma · 1910
5 more not listed; retrieve them via the Exa API.