St. L., I. M. & S. Ry. v. O'Baugh
Supreme Court of Arkansas
APPEAL from Clark Circuit Court. R. D. Hearn, Special Judge. 1. There was no privity of contract between plaintiff and 'defendant by which she could sue for a breach thereof. She was not a party to it; she owned no interest in the land ; was not an heir or an administratrix; nor the assignee of O’Baugh. 2 Rap. & L. Law Diet., p. 1011; 27 L. J. Ex., 3; 1 Add. on Cont. secs. 33-6; 3 H & C., 637; 40 Me., 34.8; 23 Iowa, 371; p BI Mon., 470; 31 Ind., 327; 17 A. & E. Ry.
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APPEAL from Clark Circuit Court. R. D. Hearn, Special Judge. 1. There was no privity of contract between plaintiff and 'defendant by which she could sue for a breach thereof. She was not a party to it; she owned no interest in the land ; was not an heir or an administratrix; nor the assignee of O’Baugh. 2 Rap. & L. Law Diet., p. 1011; 27 L. J. Ex., 3; 1 Add. on Cont. secs. 33-6; 3 H & C., 637; 40 Me., 34.8; 23 Iowa, 371; p BI Mon., 470; 31 Ind., 327; 17 A. & E. Ry. Cas., 31; id., 37,33; 1 Lev., 233; 3 Moore, 23; 2 B. & B., 333. The agreement vested in the company an easement upon a condition…
1Opinion of the CourtSmith, J.
The complaint alleged, “ that the defendant railway company, on April 5, 1879, entered into an agreement with the husband of plaintiff, J. H. O’Baugh, whereby J. H. O’Baugh agreed to give defendant the right of way over certain lands; and in consideration of the gift, the defendant agreed to build its track above the overflow of the Ouachita' River. That J. H. O’Baugh had died seized of said lands, and that plaintiff, as widow of said J. H. O’Baugh, held and occupied said lands as a homestead. That defendant was using said right of way, but had failed to build said track above the overflow of…
2Cases cited1 opinion
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
3Cited by7 opinions
- Fort Smith Gas Co. v. GeanSupreme Court of Arkansas · 1932
- Lawhon v. American Cyanamid & Chemical Corp.Supreme Court of Arkansas · 1949
- Nordin v. MayCourt of Appeals for the Eighth Circuit · 1951
- Rooke v. SpickelmierCourt of Appeals of Arkansas · 2009
- St. Louis, Iron Mountain & Southern Railway Co. v. SandersSupreme Court of Arkansas · 1909
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