St. Louis, Iron Mountain & Southern Railway Co. v. Theodore Maxfield Co.
Supreme Court of Arkansas
Appeal from Independence Circuit Court; Charles Cofñn, Judge; 1. The court did not properly instruct the jury as to the true measure of damages. 39 Ark. 167; 41 Id. 431; 2 Lewis, Em. Dom. § § 686, 689, 693. And the judgment is excessive. 2. Testimony as to the selling price of other lands, not similarly situated, was improperly admitted.
Read the full summary
Appeal from Independence Circuit Court; Charles Cofñn, Judge; 1. The court did not properly instruct the jury as to the true measure of damages. 39 Ark. 167; 41 Id. 431; 2 Lewis, Em. Dom. § § 686, 689, 693. And the judgment is excessive. 2. Testimony as to the selling price of other lands, not similarly situated, was improperly admitted. I. The tract in question having been platted into lots and blocks, and the free use of the streets dedicated to the use of the public, it was in fact an addition to the city of Batesville. 77 Ark. 177; 77 Id. 221; 9 Am. & Eng. Enc. Law 57, 59; 13 Cyc. 455 et…
1Opinion of the CourtFraurnthar, J.
This was an action instituted by the appellant, a railroad corporation, for the condemnation of a right-of-way' over certain land owned by the appellee and for the assessment of the damages thereto. The sole question involved in the case is as to the amount of the damages which the appellee should recover. The appellee owned a tract of land adjacent to the city of Batesville, and in 1899 it laid same out into lots and blocks as an addition to said city with the purpose of having it regularly annexed to said city at some future time; but it has never been so annexed. In September, 1899, it…
2Cases cited11 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Washburn v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
- L. R. Junction Ry. v. WoodruffSupreme Court of Arkansas · 1887
- South Park Commissioners v. DunlevyIllinois Supreme Court · 1878
- St. Louis, Arkansas & Texas Railroad v. AndersonSupreme Court of Arkansas · 1882
6 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- City of Little Rock v. SawyerSupreme Court of Arkansas · 1958
- Clark v. United StatesCourt of Appeals for the Eighth Circuit · 1946
- Gurdon & Fort Smith Railroad v. VaughtSupreme Court of Arkansas · 1911
- Arkansas State Highway Commission v. RobertsSupreme Court of Arkansas · 1969
- Yonts v. Public Service Co. of ArkansasSupreme Court of Arkansas · 1929
22 more not listed; retrieve them via the Exa API.