Railway Co. v. Cook
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District. James R. Riddick, Judge. Cook brought an action against the Kansas City, Rort Scott & Memphis Railroad Company to recover for injuries to his land by overflows caused by the lack of sufficient openings in defendant’s road-bed at the point where its line of railroad passes over and across Cache river and the adjacent sloughs entering into said river. Plaintiff recovered a judgment of $150, and defendant has appealed.
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Appeal from Craighead Circuit Court, Jonesboro District. James R. Riddick, Judge. Cook brought an action against the Kansas City, Rort Scott & Memphis Railroad Company to recover for injuries to his land by overflows caused by the lack of sufficient openings in defendant’s road-bed at the point where its line of railroad passes over and across Cache river and the adjacent sloughs entering into said river. Plaintiff recovered a judgment of $150, and defendant has appealed. The court, upon its own motion, gave the following among other instructions: “ 2- The jury are instructed that it is a…
1Opinion of the CourtHemingway, J.
This is an action for injuries to land alleged to have resulted from the negligent manner in which the defendant changed the structure of its road bed; it is alleged that the defendant originally constructed its road with sufficient openings, but that in the fall of 1889 it made a change, substituting a solid embankment for a trestle, and thereby encroached upon the channel of Cache river and adjacent sloug’hs so as to obstruct the flow of water through them, and cause it to flow back on plaintiff’s land; that during the following' winter his land was by this means overflowed, and the…
2Cases cited8 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Finney v. BerrySupreme Court of Missouri · 1875
- St. Louis, Iron Mountain & Southern Railway v. BiggsSupreme Court of Arkansas · 1889
- Little Rock & Fort Smith Railway Co. v. ChapmanSupreme Court of Arkansas · 1882
- Wells v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1890
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3Cited by21 opinions
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- Titan Oil & Gas, Inc. v. ShipleySupreme Court of Arkansas · 1975
- 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
- St. Louis Southwestern Railway Co. v. MackeySupreme Court of Arkansas · 1910
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