Kansas City & Memphis Railway Co. v. Smithson
Supreme Court of Arkansas
Appeal from Washington Circuit Court; J. 8. Magpies, Judge; 1. It is presumed that 'the law is well known and equally within the knowledge of all persons, and assertions of law, though false, are regarded as mere expressions of opinion and can hot be made the basis of an action. 20 Cyc. 19; 44 L. Ed. U. S. 1095; 66 N. T. 483; 13 N. W. 242; 5 Hill (N. T.) 303; 39 Am.
Read the full summary
Appeal from Washington Circuit Court; J. 8. Magpies, Judge; 1. It is presumed that 'the law is well known and equally within the knowledge of all persons, and assertions of law, though false, are regarded as mere expressions of opinion and can hot be made the basis of an action. 20 Cyc. 19; 44 L. Ed. U. S. 1095; 66 N. T. 483; 13 N. W. 242; 5 Hill (N. T.) 303; 39 Am. Dee. 436; 68 Id. 653. Everybody is expected to know the law and the legal effect of a written instrument. 46 Am. Rep. 357; 44 Pae. 944; 69 Ind. 1. 2. Fraud must be of existing facts, or facts previously existing, and can not…
1Opinion of the CourtMcCulloch, C. J.
Appellant is a railway company, duly incorporated under the laws of the State of Arkansas, and is engaged in building a railroad from Tontitown to Fayetteville, and in doing so constructed its road across a small tract or lot of land owned by appellee near Fayetteville, in Washington County.
The case was tried in the circuit court as an action for damages for taking the right-of-way without compensation therefor, but it originated in the chancery court, whence it was transferred to the circuit court.
The lot in controversy owned by appellee was situated in the outskirts of the city of…
2Cases cited1 opinion
- Fleischer v. McGeheeSupreme Court of Arkansas · 1914
3Cited by3 opinions
- Garot v. HopkinsSupreme Court of Arkansas · 1979
- Paldanius v. StraussOregon Supreme Court · 1921
- Southern Farm Bureau Casualty Ins. v. IsgrigSupreme Court of Arkansas · 1968