Legal Opinion

Wellborn v. Davies

Supreme Court of Arkansas

Decided November 15, 1882PublishedCited by 15 opinions

APPEAL from St. Francis Circuit Court in Chancery. Hon. J. N. Cypeet, Circuit J udge. The proof of the existence of the main road is conclusive. Gantfs Fig., sec. 5305-6; Angelí on Highioays, sec. 132-5; Nashville v. State, 1 Baxter, 55. The evidence is conclusive that this branch road did exist and had not been vacated in 1870. No order of vacation was in fact ever intentionally made, &c., &c.

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APPEAL from St. Francis Circuit Court in Chancery. Hon. J. N. Cypeet, Circuit J udge. The proof of the existence of the main road is conclusive. Gantfs Fig., sec. 5305-6; Angelí on Highioays, sec. 132-5; Nashville v. State, 1 Baxter, 55. The evidence is conclusive that this branch road did exist and had not been vacated in 1870. No order of vacation was in fact ever intentionally made, &c., &c. Equity may grant relief to remove such nuisances and enjoin their continuance. 35 Ark., 497, and cases cited; Kerr on Inj.,* 383; 13 How. 519; 2 John Ghy, 272; 1 Paige 197; 1 G. K. Green, N. ./., 378;…

1Opinion of the Court

STATEMENT.

Eaicín, J.

"Wellborn, a practicing physician, owning land and residing near a fork, upon what he claims to be a public highway, near the town of Forrest City, brought this suit'against several individuals living or owning pro- ' perty along the road, who had severally obstructed one or the other of the folks, by buildings, fences, &c., and also against the Memphis and Little Rock Railroad Company, which, as be alleges, had made a deep cut across the highway, and had allowed a bridge to fall down, without rebuilding it; whereby the passage of the road over the cut had been prevented.…

2Cases cited1 opinion

  1. McCowan v. WhitesidesIndiana Supreme Court · 1869

3Cited by15 opinions

  1. Risser v. City of Little RockSupreme Court of Arkansas · 1955
  2. City of Little Rock v. LinnSupreme Court of Arkansas · 1968
  3. Davies v. EpsteinSupreme Court of Arkansas · 1905
  4. Taylor v. RudySupreme Court of Arkansas · 1911
  5. Osceola v. HaynieSupreme Court of Arkansas · 1921

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