Louisville, New Orleans & Texas Railroad v. Jackson
Supreme Court of Arkansas
Appeal from Phillips 'Circuit Court; W. B. Satterfield, Special Judge; • 1. Appellants are not liable for any damages resulting from the filling up of the alleged ditch. No land owner has any property rights such as will warrant him in insisting upon the maintenance of an artificial water course for surface water. 39 S. E. 752; 80 N. E. 420; 9 Oh. Dec. 120; 29 Wis. 515; 197 Mass. 568; 14 A. & E. Ann.
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Appeal from Phillips 'Circuit Court; W. B. Satterfield, Special Judge; • 1. Appellants are not liable for any damages resulting from the filling up of the alleged ditch. No land owner has any property rights such as will warrant him in insisting upon the maintenance of an artificial water course for surface water. 39 S. E. 752; 80 N. E. 420; 9 Oh. Dec. 120; 29 Wis. 515; 197 Mass. 568; 14 A. & E. Ann. Cas. 907; 93 Ark. 47. 2. The portion of the embankment complained of, being situated in a city, surface water is a common enemy, against which any proprietor has a right to defend himself bv any…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, J. M. Jackson, instituted this action in the circuit court of Phillips County against the two defendant railway corporations to re- ■ cover damages alleged to have ¡been sustained to -his real property in the City of Helena on account of the raising of an embankment which changed the flow 'of the water and caused it to flow to and accumulate on plaintiff’s said property. One of the defendant companies is an Arkansas corporation, which holds the franchise, and the other is a foreign corporation operating the railroad along the line. No question is raised in the suit about…
2Cases cited15 opinions
- Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
- Martin v. MartinSupreme Court of Arkansas · 1911
- McCoy v. Board of DirectorsSupreme Court of Arkansas · 1910
- Toledo, Wabash & Western Railway Co. v. MorganIllinois Supreme Court · 1874
- Little Rock & Fort Smith Railway Co. v. GreerSupreme Court of Arkansas · 1906
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Wawak v. StewartSupreme Court of Arkansas · 1970
- S. C. Loveland, Inc. v. East West Towing, Inc.Court of Appeals for the Fifth Circuit · 1979
- Young v. GarrettCourt of Appeals for the Eighth Circuit · 1945
- Bill C. Harris Construction Co. v. PowersSupreme Court of Arkansas · 1977
- Missouri Pac. R.R. Co., Thompson, Trustee v. McGuireSupreme Court of Arkansas · 1943
9 more not listed; retrieve them via the Exa API.