St. Louis & San Francisco Railroad v. Fayetteville
Supreme Court of Arkansas
Appeal from Washington Circuit Court. John N. Tillman, Judge. A city has no right to condemn a right of way across a railroad track. Sandels & Hill’s Dig. § § 2737, 2747, 2749. Such authority must be given expressly or by clear implication, Lewis, Em. Dom. § § 240, 267, 276; Elliott, Roads & Streets, § 219; Dill. Mun. Co'rp. § 588. Such power is not contained in our statute. 14 Am. & Eng.
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Appeal from Washington Circuit Court. John N. Tillman, Judge. A city has no right to condemn a right of way across a railroad track. Sandels & Hill’s Dig. § § 2737, 2747, 2749. Such authority must be given expressly or by clear implication, Lewis, Em. Dom. § § 240, 267, 276; Elliott, Roads & Streets, § 219; Dill. Mun. Co'rp. § 588. Such power is not contained in our statute. 14 Am. & Eng. R. Cas. 34; 10 Fed. 497; 53 Fed. 687; 103 N. Y. 10; Elliott, Roads & Streets, § 779; 37 N. J. L. 77. There was no necessity shown by the proof for the crossing. 56 Mich. 244; Elliott, Roads & Streets, § 330;…
1Opinion of the CourtRiddicic, J.
This is a proceeding on the part of the city of Fayetteville to condemn a right of way for a street across the tracks and right of way of the St. Louis & San Francisco Railroad Company. The circuit court, in which the action was brought, gave judgment in favor of the city for the right of way, and assessed the damages to the company at $300. Both sides appealed, and the case has been ably argued before us by learned counsel for the city and the railroad company.
We shall briefly state our conclusions on the points involved.
In the first place, we are of the opinion that the statute giving the…
2Cases cited2 opinions
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- Hughes v. Arkansas & Oklahoma RailroadSupreme Court of Arkansas · 1905
3Cited by17 opinions
- Clardy v. StateSupreme Court of Arkansas · 1910
- City of Grafton v. St. Paul, Minneapolis & Manitoba Railway Co.North Dakota Supreme Court · 1907
- Singer Manufacturing Co. v. W. D. Reeves Lumber Co.Supreme Court of Arkansas · 1910
- Union Pacific RR Co. v. State Ex Rel. Faulkner Cty.Supreme Court of Arkansas · 1994
- Kansas City Southern Railway Co. v. City of MenaSupreme Court of Arkansas · 1916
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