Railway Co. v. Petty
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court in Chancery, Greenwood District. R. T. Powell, Special Judge. The St. Louis, Iron Mountain & Southern Railway Company instituted proceedings to condemn land belonging to E. B. Petty, for the purpose of constructing an additional side track north of its main track near Jennie Lind station in Sebastian county, and, after depositing with the clerk the amount designated by the circuit judge as the value of the land, took possession thereof and…
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Appeal from Sebastian Circuit Court in Chancery, Greenwood District. R. T. Powell, Special Judge. The St. Louis, Iron Mountain & Southern Railway Company instituted proceedings to condemn land belonging to E. B. Petty, for the purpose of constructing an additional side track north of its main track near Jennie Lind station in Sebastian county, and, after depositing with the clerk the amount designated by the circuit judge as the value of the land, took possession thereof and laid its track. Subsequently, Petty, who had a coal mine about 200 3rards south of the land sought to be condemned,…
1Opinion of the CourtCockrill, C. J.
A railway company which undertakes to exercise the power to condemn property for its use must be able to show a legislative warrant for the power, and to establish that the proposed use of the property sought to be condemned is for a purpose within the legitimate scope of its organization. In the matter of Niagara Falls & Whirlpool Ry. 108 N. Y. 375; Chicago etc. R. Co. v. Wiltse, 116 Ill. 449; Tracy v. Railway, 80 Ky. 259. Has the railway company in this case brought itself within either branch of this rule ? These are questions presented by this appeal.
The petition filed by the railway to…
2Cases cited10 opinions
- In Re Niagara Falls & Whirlpool Railway Co.New York Court of Appeals · 1888
- Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
- Kettle River Railroad v. Eastern Railway Co.Supreme Court of Minnesota · 1889
- Chicago & Eastern Illinois Railroad v. WiltseIllinois Supreme Court · 1886
- Phillips v. WatsonSupreme Court of Iowa · 1884
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3Cited by40 opinions
- Butte, Anaconda & Pacific Railway Co. v. Montana Union Railway Co.Montana Supreme Court · 1895
- City of Little Rock v. RainesSupreme Court of Arkansas · 1967
- Ulmer v. Lime Rock RailroadSupreme Judicial Court of Maine · 1904
- Kansas & Texas Coal Railway v. Northwestern Coal & Mining Co.Supreme Court of Missouri · 1901
- Postal Tel. Cable Co. of Utah v. Oregon S. L. R.Utah Supreme Court · 1901
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