Springfield & Memphis Railway Co. v. Henry
Supreme Court of Arkansas
APPEAL from Lawrence Circuit Court. Hon. R. H. Powell, Circuit Judge. No compensation can be recovered for damages to a land owner on account of destruction of his crop and throwing down his fence while constructing a railroad, in a proceeding to condemn the right of way. It is a tort, and an independent action must be brought therefor. Mills on Em.
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APPEAL from Lawrence Circuit Court. Hon. R. H. Powell, Circuit Judge. No compensation can be recovered for damages to a land owner on account of destruction of his crop and throwing down his fence while constructing a railroad, in a proceeding to condemn the right of way. It is a tort, and an independent action must be brought therefor. Mills on Em. Lorn., sec. notes S, J and 5. The railroad having let the contract to do the work, is not liable for the negligence of contractors’ servants. £5 III., 4H; 46 Pa- St., 213; Pierce on E. E., p. 286 ; 28 Vt., 3; 36 Mo., 202; 16 Wal, 566; 7 Hurl. £…
1Opinion of the CourtSmith, J.
This was a proceeding by the railroad company for the condemnation of a right of way across a farm. The land owner answered, setting up his damages by reason of the actual appropriation of a part of the tract and the injury to the remainder. "When the case was called for trial, he filed a supplemental answer, setting forth a new and distinct item of damage, to wit:
i. R a il-
Way^Eie•daemaVe
“ That lie has been damaged, in addition to the amount claimed in his answer, in the sum of two hundred (200) dollars, on account of the destruction of his crop and throwing down his fence, while…
2Cases cited4 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Chicago, St. Paul & Fond du Lac Railroad v. McCarthyIllinois Supreme Court · 1858
- G., C. & S. F. R'y Co. v. DonahooTexas Supreme Court · 1883
- Clark v. Vermont & Canada RailroadSupreme Court of Vermont · 1855
3Cited by16 opinions
- Chicago, R. I. & P. Ry. Co. v. JohnsonSupreme Court of Oklahoma · 1910
- Chicago, Rock Island & Pacific Railway Co. v. HumphreysSupreme Court of Arkansas · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. MagnessSupreme Court of Arkansas · 1909
- Davis v. Arkansas Louisiana Gas Co.Supreme Court of Arkansas · 1970
- Canon City & Cripple Creek Railroad v. OxtobySupreme Court of Colorado · 1909
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