Railway Co. v. Graham
Supreme Court of Arkansas
APPEAL from Lafayette Circuit Court. Charles E. Mitchel, Judge. In January, 1889, Graham sued the St. Louis, Arkansas & Texas Railway Co., alleging that it had so' negligently erected an embankment on its road-bed as to cause a natural stream to overflow certain land wherein he held a life estate, thereby destroying his crop in 1888 and rendering the land unfit for use. He asked damages for the injury to-his crop, and to his life interest in the land.
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APPEAL from Lafayette Circuit Court. Charles E. Mitchel, Judge. In January, 1889, Graham sued the St. Louis, Arkansas & Texas Railway Co., alleging that it had so' negligently erected an embankment on its road-bed as to cause a natural stream to overflow certain land wherein he held a life estate, thereby destroying his crop in 1888 and rendering the land unfit for use. He asked damages for the injury to-his crop, and to his life interest in the land. Plaintiff was permitted to prove that he held the land, under an oral agreement with the owner of the fee who told him that if he would move on…
1Per curiam
1 Life estate may be estabHshed by parol The plaintiff’s parol contract of lease was taken out of the operation of the statute of frauds by part performance. His title was good therefore even against his grantor, and there was no error in allowing proof of it against a stranger.
2. whatdamflows recoveraWhen the several parts of the charge are read together, it fairly means that the plaintiff should recover for the damage done to his crops for the years 1888 and 1889, and for the damage done to his estate by the prospect of future overflows, that is, the depreciation of its value by the…
2Cited by4 opinions
- Phillips v. GrubbsSupreme Court of Arkansas · 1914
- Cravens v. HunterMissouri Court of Appeals · 1901
- Adams v. AdamsSupreme Court of Arkansas · 1958
- Degnan v. NowlinCourt Of Appeals Of Indian Territory · 1904