City Oil Works v. Helena Improvement District No. 1
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; J. M. Jackson, Judge; STATEMENT OP PACTS. This action was brought in the circuit court by Helena Improvement District No. 1 against the City Oil Works to condemn a right-of-way over property belonging to the defendant in Helena, Ark., for the construction of a levee. Subsequent purchasers Pf the property from this defendant were also made defendants.
Read the full summary
Appeal from Phillips Circuit Court; J. M. Jackson, Judge; STATEMENT OP PACTS. This action was brought in the circuit court by Helena Improvement District No. 1 against the City Oil Works to condemn a right-of-way over property belonging to the defendant in Helena, Ark., for the construction of a levee. Subsequent purchasers Pf the property from this defendant were also made defendants. They answered, setting up damages by reason of the actual taking of a part of the land and the injury to the remainder. The board of commissioners for the levee district and the engineers were witnesses for it…
1Opinion of the CourtHart, J.
(after stating the facts). There is no conflict in the testimony that it was necessary to construct the new levee in order to protect the lands within the district from the overflow of the Mississippi River. It is conceded that the commissioners acted in good faith in locating and constructing the new levee, and that this was within the power of the commissioners under the act creating the improvement district.
The evidence shows that the levee, as originally constructed, was between the oil mill of the defendants and the Mississippi River. So it may be said that the oil mill was on the inside…
2Cases cited3 opinions
- McCoy v. Board of DirectorsSupreme Court of Arkansas · 1910
- Kansas City Southern Railway Co. v. BolesSupreme Court of Arkansas · 1908
- Board of Levee Commissioners v. HarkleroadsMississippi Supreme Court · 1885
3Cited by14 opinions
- Sharp v. Drainage District No. 7Supreme Court of Arkansas · 1924
- Hogge v. Drainage District No. 7Supreme Court of Arkansas · 1930
- In re Drainage Dist. No. 7District Court, E.D. Arkansas · 1938
- Drainage District No. 7 v. HaverstickSupreme Court of Arkansas · 1932
- Scroggin v. City of GrubbsSupreme Court of Arkansas · 1994
9 more not listed; retrieve them via the Exa API.