Little Rock & Fort Smith Railway v. McGehee
Supreme Court of Arkansas
APPEAL from Crawford Circuit Court. Hon. J. H. Rogers, Circuit Judge. 1. Plaintiffs remedy was by special proceedings under the act January 22, 1855. G. <& F. R. Co. v. Turner, 31 Ark., 494. A satisfaction of any judgment rendered under this proceeding would not appropriate the land to the company, but the company would be liable to successive actions for a continuing nuisance. 24 N. Y., 658; 37 lb., 472; 46 Wis., 625; 43 lb., 183; 65 Maine, 140; 79 Penn. 3t., 71; 54 Ind.,…
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APPEAL from Crawford Circuit Court. Hon. J. H. Rogers, Circuit Judge. 1. Plaintiffs remedy was by special proceedings under the act January 22, 1855. G. <& F. R. Co. v. Turner, 31 Ark., 494. A satisfaction of any judgment rendered under this proceeding would not appropriate the land to the company, but the company would be liable to successive actions for a continuing nuisance. 24 N. Y., 658; 37 lb., 472; 46 Wis., 625; 43 lb., 183; 65 Maine, 140; 79 Penn. 3t., 71; 54 Ind., 314; 17 Minn., 215; 61 Miss., 359. 2. The lands were not permanently injured, and when the possession is in a tenant…
1Opinion of the CourtSmith, J.
McGehee sued the railroad company in trespass for entering upon and appropriating his land for a right of way. The cause was tried before a jury upon issue joined that the supposed trespasses were committed by leave and license of the plaintiff. There was a verdict and judgment for the plaintiff for four hundred dollars damages.
1. Rio-iitof moa’e^f not trans,ieraMe. Upon the threshold of this case, we are confronted b.y a claim that the act of January 22, 1855, (Gould’s Dig., ch. secs. 1-4), as construed in C. & F. R. Co. v. Turner, 31 Ark., 494, is decisive and that the plaintiff’s sole…
2Cases cited3 opinions
- Morgan v. LouisianaSupreme Court of the United States · 1876
- Mahon v. . the New York Central Railroad CompanyNew York Court of Appeals · 1860
- State v. MorganSupreme Court of Louisiana · 1876
3Cited by19 opinions
- San Diego Land & Town Co. v. NealeCalifornia Supreme Court · 1891
- Highland Avenue & Belt Railroad v. MatthewsSupreme Court of Alabama · 1892
- Gurdon & Fort Smith Railroad v. VaughtSupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. Theodore Maxfield Co.Supreme Court of Arkansas · 1910
- Lazenby v. Ark. State Highway CommissionSupreme Court of Arkansas · 1960
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