Kelly v. Kansas City Southern Railway Co.
Supreme Court of Arkansas
Appeal from Sevier Circuit Court; James S. Steel, Judge; It was appellee’s duty, independent of contract, to maintain its culverts so as not to impede the free passage of surface water. 87 Ark. 480; 39 Ark. 463; 82 Ark. 447; 80 Ark. 235; 45 Ark. 252; 44 Ark. 360; Id. 258; 66 Ark. 271. The nuisance was not of a permanent character, within the sense that the statute of limitations begins to run from the date of construction. 52 Ark. 240; 57 Ark. 387; 72 Ark. 127; 76 Ark. 542;…
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Appeal from Sevier Circuit Court; James S. Steel, Judge; It was appellee’s duty, independent of contract, to maintain its culverts so as not to impede the free passage of surface water. 87 Ark. 480; 39 Ark. 463; 82 Ark. 447; 80 Ark. 235; 45 Ark. 252; 44 Ark. 360; Id. 258; 66 Ark. 271. The nuisance was not of a permanent character, within the sense that the statute of limitations begins to run from the date of construction. 52 Ark. 240; 57 Ark. 387; 72 Ark. 127; 76 Ark. 542; 80 Ark. 235; 82 Ark. 387; 86 Ark. 406. The statute, after once commencing to run, cannot be stopped by death of the…
1Opinion of the CourtFrauenthal, J.
This is an action instituted by the appellants to recover damages which- they claim to have sustained by reason of the -obstruction of the natural drainage and flow of water over their land by the appellee in making an embankment in and filling up a ditch that had been dug along the appellant’s roadbed. The plaintiffs below are the widow and minor children of Eli Harris, who was the owner of forty acres of land in Sevier County, which he occupied as his homestead to the date of his death. In 1896 he granted to the predecessor of the defendant railroad company a right of way for its railroad…
2Cases cited6 opinions
- St. Louis, Iron Mountain & Southern Railway v. BiggsSupreme Court of Arkansas · 1889
- Little Rock & Fort Smith Railway Co. v. ChapmanSupreme Court of Arkansas · 1882
- St. Louis, Iron Mountain & Southern Railway Co. v. AndersonSupreme Court of Arkansas · 1896
- St. L., I. M. & S. Railway Co. v. MorrisSupreme Court of Arkansas · 1880
- Turner v. OvertonSupreme Court of Arkansas · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Chicago, Rock Island & Pacific Railway Co. v. HumphreysSupreme Court of Arkansas · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. MagnessSupreme Court of Arkansas · 1909
- Keith v. Drainage Dist. No. 7 of Poinsett CountySupreme Court of Arkansas · 1931
- McAlister v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1913
- Kansas City Southern R. Co. v. HurleySupreme Court of Oklahoma · 1916
1 more not listed; retrieve them via the Exa API.