Stuttgart & Rice Belt Railroad v. Kocourek
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Southern District; Eugene Lankford, Judge; STATEMENT BY THE COURT. • The railroad company filed a petition in the Southern District of Prairie Circuit Court, to condemn a right of way through one hundred and sixty acres of land in Prairie County, the property of Frank and Anna Kocourek.
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Appeal from Prairie Circuit Court, Southern District; Eugene Lankford, Judge; STATEMENT BY THE COURT. • The railroad company filed a petition in the Southern District of Prairie Circuit Court, to condemn a right of way through one hundred and sixty acres of land in Prairie County, the property of Frank and Anna Kocourek. They answered that the land actually taken was seven acres, of the value of three hundred and fifty dollars, and that the building of the road damaged the market value of their land one thousand dollars; that it was good rice land, and that, because of the building of the…
1Opinion of the Court
Kirby J.,
(after stating the facts). The appellant contends that the scope of the inquiry as to the damages permitted by the court in the introduction of the testimony and its instructions to the jury was entirely too large, without definitely pointing out wherein, and that the damages allowed are excessive.
In Little Rock Junction Ry. Co. v. Woodruff, 49 Ark. 381-91, the court said: “As a general guide to the range which the testimony should be allowed to assume, we think it is safe to say that the landowner should be allowed to state, and have his witnesses state, every fact concerning the…
2Cases cited10 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- L. R. Junction Ry. v. WoodruffSupreme Court of Arkansas · 1887
- St. Louis, Arkansas & Texas Railroad v. AndersonSupreme Court of Arkansas · 1882
- Kansas City Southern Railway Co. v. BolesSupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. Theodore Maxfield Co.Supreme Court of Arkansas · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Fort Smith & Van Buren District v. ScottSupreme Court of Arkansas · 1912
- Ark. State Highway Comm. v. SpeckSupreme Court of Arkansas · 1959
- Ark. State Highway Comm. v. Muswick Cigar & Beverage Co.Supreme Court of Arkansas · 1959
- Arkansas State Highway Commission v. OrmondSupreme Court of Arkansas · 1969
- Harrison v. Pacific Ry. & Nav. Co.Oregon Supreme Court · 1914
11 more not listed; retrieve them via the Exa API.