Railway Co. v. Lyman
Supreme Court of Arkansas
Appeal from Nevada Circuit Court. Rufus D. Hrarn, Judge. Fox Lyman brought suit ag-ainst the St. Louis, Iron Mountain & Southern Railway Company. The complaint alleged that during the year 1888 the plaintiff was the tenant in possession of two plantations lying upon the banks of Red River, in Miller county, Ark., known as the Ogburn and the Glass-Chappell River plantations.
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Appeal from Nevada Circuit Court. Rufus D. Hrarn, Judge. Fox Lyman brought suit ag-ainst the St. Louis, Iron Mountain & Southern Railway Company. The complaint alleged that during the year 1888 the plaintiff was the tenant in possession of two plantations lying upon the banks of Red River, in Miller county, Ark., known as the Ogburn and the Glass-Chappell River plantations. On May 9, 1888, plaintiff had in cultivation 160 acres in cotton and 40 acres in corn on the Ogburn place, and 165 acres in cotton and 40 acres in corn on the Glass-Chappell River place; that on said day both plantations…
1Opinion of the CourtMansfield, J.
The complaint allegues that the growing crops of the plaintiff on two plantations situated on the south bank of Red River were destroyed on the 9th day of May, 1888, by water backed onto them by the defendant’s embankment across the river bottom; and that the injury thus sustained resulted from the negligence of the defendant in constructing the embankment without sufficient openings to permit the escape of the water.
The answer denies the negligence charged, and denies that the crops were destroyed in the manner stated in the complaint. The cause was tried by a jury, and the company appeals…
2Cases cited5 opinions
- Grisby v. Clear Lake Water Works Co.California Supreme Court · 1870
- Railway Co. v. YarboroughSupreme Court of Arkansas · 1892
- Clason v. City of MilwaukeeWisconsin Supreme Court · 1872
- Moyer v. . New York Central and Hudson River Railroad Co.New York Court of Appeals · 1885
- Ball v. HardestySupreme Court of Kansas · 1888
3Cited by25 opinions
- Chicago, R. I. & P. Ry. Co. v. JohnsonSupreme Court of Oklahoma · 1910
- New Jersey, Indiana & Illinois Railroad v. TuttIndiana Supreme Court · 1907
- United States Smelting Co. v. SisamCourt of Appeals for the Eighth Circuit · 1911
- Dickerson Const. Co., Inc. v. DozierSupreme Court of Arkansas · 1979
- Kansas City Southern Railway Co. v. HenrieSupreme Court of Arkansas · 1908
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