St. Louis, Iron Mountain & Southern Railway Co. v. Hanks
Supreme Court of Arkansas
Appeal from Izard Circuit Court; John W. Meeks, Judge; 1. The White River Railway Company having bought the right of way, the vendor could not maintain an action for a wrong where he consented to the act which caused the injury. 47 Ark. 334. If it became necessary to blast rock, and in so doing this rock fell on the yendor’s land, the railway company was not liable to its grantors for damages growing out of the same. 54 Ark. 424. 2. Under the proof the subcontractors who had…
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Appeal from Izard Circuit Court; John W. Meeks, Judge; 1. The White River Railway Company having bought the right of way, the vendor could not maintain an action for a wrong where he consented to the act which caused the injury. 47 Ark. 334. If it became necessary to blast rock, and in so doing this rock fell on the yendor’s land, the railway company was not liable to its grantors for damages growing out of the same. 54 Ark. 424. 2. Under the proof the subcontractors who had the work in charge were independent contractors, and they alone were liable for the wrongful acks if wrongful. '58 Ark.…
1Opinion of the CourtBattle, J.
L. C. Mauldin and J. S. Lake, being the owners of a certain tract of land situate in the county of Izard and State of Arkansas, for and in consideration of the sum of fifty-three dollars to them paid by the White River Railway Company, conveyed to the railway company a strip of land one hundred feet wide over, through and across the land, to be used as a right of way for a railroad, the middle of the strip to be the center of the track of the railroad, with the right of increasing the width of the same (strip) for necessary slopes, embankments and terminals, and with the right of changing…
2Cases cited1 opinion
- St. L., I. M. & S. Ry. v. WalbrinkSupreme Court of Arkansas · 1886
3Cited by2 opinions
- Knott v. Louisville & N. R.Tennessee Supreme Court · 1921
- Daniels v. Board of DirectorsSupreme Court of Arkansas · 1907