St. Louis, Iron Mountain & Southern Railway Co. v. Hardie
Supreme Court of Arkansas
Appeal from Chicot Circuit Court; Henry W. Wells, Judge; STATEMENT BY THE COURT. This is a suit by Wm. T. Hardie against the St. Louis, Iron Mountain & Southern Railway Company. The substance of the complaint is as follows: That the defendant company constructed an additional line of railway in Chicot County, in 1903, over certain lands of plaintiff (giving course and direction of said line) for a distance of three and one-fourth miles, more or less.
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Appeal from Chicot Circuit Court; Henry W. Wells, Judge; STATEMENT BY THE COURT. This is a suit by Wm. T. Hardie against the St. Louis, Iron Mountain & Southern Railway Company. The substance of the complaint is as follows: That the defendant company constructed an additional line of railway in Chicot County, in 1903, over certain lands of plaintiff (giving course and direction of said line) for a distance of three and one-fourth miles, more or less. That plaintiff by deed conveyed the right of way to ’defendant over said lands, on consideration that said railway should be constructed in such…
1Opinion of the CourtHart, J.
(after stating the facts). The following special propositions are urged to reverse the judgment:
•First. That the-damage to plaintiff’s crops was caused by the obstructed condition of the drains and culverts; that, by the terms of its right of way deed from'the plaintiff, defendant was not bound to maintain the drains and culverts across its right of way free from obstruction, but that it was plaintiff’s duty to keep them open. The clause -of the deed referred to is as follows : “It is further expressly understood and agreed * * * * that all drains, both natural and artificial, shall be so…
2Cases cited11 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. BarnettSupreme Court of Arkansas · 1898
- Little Rock & Fort Smith Railway Co. v. ChapmanSupreme Court of Arkansas · 1882
- Railway Co. v. YarboroughSupreme Court of Arkansas · 1892
- Tinsley v. CraigeSupreme Court of Arkansas · 1891
- Baker v. AllenSupreme Court of Arkansas · 1899
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Aluminum Co. of North America v. RamseySupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. MagnessSupreme Court of Arkansas · 1909
- Kelly v. Kansas City Southern Railway Co.Supreme Court of Arkansas · 1909
- Hardeman v. ArthursSupreme Court of Arkansas · 1920
- Valentine v. EdwardsSupreme Court of Arkansas · 1914
1 more not listed; retrieve them via the Exa API.