Springfield & Memphis Railway v. Rhea
Supreme Court of Arkansas
APPEAL from Independence Circuit Court. Hon. R. H. Powell, Circuit Judge. 1. In condemnation proceedings only those damages which are direct and peculiar to the property, resulting naturally and necessarily from its use when the road is skillfully and properly constructed, can he recovered. Damages from faulty construction or defective drainage must be recovered in another suit. Pierce on Railroads, p. 179; 31/. Iowa, 1¡.58; 1^, Am. ¿> E. R. R. Gases, 198; Mills on Em.
Read the full summary
APPEAL from Independence Circuit Court. Hon. R. H. Powell, Circuit Judge. 1. In condemnation proceedings only those damages which are direct and peculiar to the property, resulting naturally and necessarily from its use when the road is skillfully and properly constructed, can he recovered. Damages from faulty construction or defective drainage must be recovered in another suit. Pierce on Railroads, p. 179; 31/. Iowa, 1¡.58; 1^, Am. ¿> E. R. R. Gases, 198; Mills on Em. I)om., sec. 220. 2. The difference between the cash market value before the location of the road, and such value after its…
1Opinion of the CourtSmith, J.
The railroad company filed its petition to condemn a right of way through the defendant’s farm. The answer claimed $1,500 damages, and the jury awarded $1,000. The farm lay in the valley of Spring River, and contained 145 acres, of which eighty or eighty-five were under cultivation. The right of way, 100 feet wide, traversed the tract diagonally for a distance of 3,200 feet, cutting it into two parcels of inconvenient shape for purposes of tillage. The railroad embankment, from three to five feet high, increased the liability to overflow of the land lying between the railroad and. the river…
2Cited by24 opinions
- Enoch v. Spokane Falls & Northern Railway Co.Washington Supreme Court · 1893
- Chicago, Rock Island & Pacific Railway Co. v. HumphreysSupreme Court of Arkansas · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. MagnessSupreme Court of Arkansas · 1909
- Incorporated Town of Sallisaw v. PriestSupreme Court of Oklahoma · 1916
- Railway Co. v. TaylorSupreme Court of Arkansas · 1893
19 more not listed; retrieve them via the Exa API.