Sewer Improvement District No. 1 v. Fiscus
Supreme Court of Arkansas
Appeal from Cross Circuit Court, First Division; W. J. Driver, Judge; 1. The district was not liable. There is no evidence to show damage because the tank was placed near appellee’s property. The only injury complained of was due to the sewage that passed and the odor therefrom. A district is not liable for injuries arising from defects in the plans adopted. It was not an injury to real estate. The instructions do not state the law. 125 Wise. 546; 4 A. and E. Ann.
Read the full summary
Appeal from Cross Circuit Court, First Division; W. J. Driver, Judge; 1. The district was not liable. There is no evidence to show damage because the tank was placed near appellee’s property. The only injury complained of was due to the sewage that passed and the odor therefrom. A district is not liable for injuries arising from defects in the plans adopted. It was not an injury to real estate. The instructions do not state the law. 125 Wise. 546; 4 A. and E. Ann. Cases, 1086; 63 Wise. 518; 4 Allen, 41; 118 U. S. 19; 2 Dillon Mun. Corp. (4 ed.), § 1051; 165 111. 371. If the injury is due to…
1Opinion of the CourtHuMpkitEYS, J.
E. A. Fiscus owned lots 1 and 2 in block 4, and lots 1 and 2 in block 1 in Minnie Mack addition to the city of Wynne, Ark. Thomas Day owned blocks 2 and 3 in the same addition, and Mollie Y. Garrett owned lot 12, block 1 in the same addition.
Appellant, under proper authority, constructed a sewer system in the city of Wynne, Arkansas, in accordance with planp an\d specifications furnished by an engineer, for the purpose of conveying the sewage out of the city. On the east side of the city, the sewage was discharged through a septic tank into a stream. The stream did not flow through or touch…
2Cases cited4 opinions
- McLaughlin v. City of HopeSupreme Court of Arkansas · 1913
- Chicago, Rock Island & Pacific Railway Co. v. HumphreysSupreme Court of Arkansas · 1913
- City of El Dorado v. ScruggsSupreme Court of Arkansas · 1914
- Czarnecki v. Bolen-Darnell Coal Co.Supreme Court of Arkansas · 1909
3Cited by14 opinions
- Shellnut v. Arkansas State Game & Fish CommissionSupreme Court of Arkansas · 1953
- Sexton v. Public Service CommissionWest Virginia Supreme Court · 1992
- City of Springdale v. WeathersSupreme Court of Arkansas · 1967
- Longstreet v. Town of SharonSupreme Court of Iowa · 1925
- Sewer Imp. Dist. 1 of Sheridan v. Jones, Admx.Supreme Court of Arkansas · 1939
9 more not listed; retrieve them via the Exa API.