Fordyce v. Russell
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court. Thomas F. Webber, Special Judge. 1. The jetties were built by the Texas & St. Louis Railway Co. There is no proof of their negligent construction.
Read the full summary
Appeal from Lafayette Circuit Court. Thomas F. Webber, Special Judge. 1. The jetties were built by the Texas & St. Louis Railway Co. There is no proof of their negligent construction. Appellants are not responsible for the torts of its predecessor. 44 Ark. 322; High on Receivers, sec. 396; 23 Ind. 553. . 2. There is no proof that appellants ever assumed any obligation or duty to maintain these jetties, or that they belonged to appellants, or were on their property. 3. The overflow was an unprecedented one, not reasonably to be expected. It was not the duty of the railroad to anticipate such a…
1Opinion of the Court
FeETCHER, Special J.
This is an action by J. C. & W. H. Russell against the St. Douis, Arkansas & Texas Railway Company, and Fordyce and Swanson as receivers of said railway company, for damages alleged to have been occasioned to the farm and crops of the Russells, by reason of the improper construction of the roadbed of the company through their farm, and also by a number of jetties constructed in Red river on which ■said farm is situated. There was a verdict for the Rus-, •sells against both the railway company and receivers, ■and they have appealed.
i. Presume tion as to p1^'11^-
The original…
2Cases cited6 opinions
- Railway Co. v. TriplettSupreme Court of Arkansas · 1891
- Walter v. County CommissionersCourt of Appeals of Maryland · 1872
- Atkins v. SwopeSupreme Court of Arkansas · 1882
- Fordyce v. HardinSupreme Court of Arkansas · 1891
- Neal v. PeeveySupreme Court of Arkansas · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Young v. StevensonSupreme Court of Arkansas · 1905
- Pendleton v. StateSupreme Court of Arkansas · 1947
- St. Louis & San Francisco Railroad v. CaldwellSupreme Court of Arkansas · 1910
- Ward v. SturdivantSupreme Court of Arkansas · 1908