Daniels v. Board of Directors
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court; Allen Hughes, Special Judge; Damages were original and contingent. Successive actions will lie, and plaintiff, was not barred by three years limitation. 52 Ark. 240; 56 Id. 612; 85 S. W. 654; 102 Id. 585; 59 Fed. 9. Cases cited are not applicable. This case falls within 62 Ark. 360. See also 52 Id. 240. Plaintiff was barred.
1Opinion of the CourtMcCulloch, J.
This is an action instituted by appellant against the Board of Directors of St. Francis Levee District to recover damages alleged to have been done to lands of appellant by reason of a levee constructed and maintained through and over the 'same by the levee district. It is alleged in t’he complaint that the levee was so constructed that in time of high water it permitted water to seep through upon appellant’s land, and also that the levee prevented drainage of water from this land into the Mississippi River, which was a natural drainage-way or outlet for surface water from the land. The…
2Cases cited3 opinions
- St. L., I. M. & S. Ry. v. WalbrinkSupreme Court of Arkansas · 1886
- St. Louis, Iron Mountain & Southern Railway Co. v. HanksSupreme Court of Arkansas · 1906
- Bracey v. St. Louis, San Francisco & New Orleans RailroadSupreme Court of Arkansas · 1906
3Cited by4 opinions
- John H. Parker Construction Co. v. AldridgeSupreme Court of Arkansas · 1993
- Moose v. Swamp Dredging Co.Mississippi Supreme Court · 1921
- Person v. Miller Levee District No. 2Supreme Court of Arkansas · 1941
- Hornsby v. MarksSupreme Court of Arkansas · 1948