Little Rock & Fort Smith Railway Co. v. Greer
Supreme Court of Arkansas
Appeal from Conway Circuit Court; Wirriam L. Moose, Judge; Robert L. Greer sued the Little Rock & Ft. Smith Railway Company, alleging that he owned a dwelling house situated on Railroad Avenue, in the city of Morrilton; that defendant filled in its roadbed opposite plaintiff’s premises, obstructing the public street, so as to prevent plaintiff and the public from the free use and enjoyment thereof in front of plaintiff’s residence. The prayer was for $500 damages.
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Appeal from Conway Circuit Court; Wirriam L. Moose, Judge; Robert L. Greer sued the Little Rock & Ft. Smith Railway Company, alleging that he owned a dwelling house situated on Railroad Avenue, in the city of Morrilton; that defendant filled in its roadbed opposite plaintiff’s premises, obstructing the public street, so as to prevent plaintiff and the public from the free use and enjoyment thereof in front of plaintiff’s residence. The prayer was for $500 damages. There was an agreed statement of facts which recited the following facts: “The plaintiff, R. L. Greer, is the owner of a certain…
1Opinion of the CourtWood, J.
The Constitution provides that: “Private property shall not be taken, appropriated or damaged for public use without just compensation therefor.” Const. 1874, art. 2, § 22. In Hot Springs R. Co. v. Williamson, 45 Ark. 429, it was contended that “where the fee of the streets is in the city, and it grants a right of way to a railroad company to construct its road along a street, pursuant to an act of the Legislature authorizing such use of the street, arid the track is laid in a proper and skillful manner,” the railroad company is not liable to abutting lot owners for consequential damages. In…
2Cases cited9 opinions
- Rigney v. City of ChicagoIllinois Supreme Court · 1881
- Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
- Allen v. Macon, Dublin & Savannah R. R.Supreme Court of Georgia · 1899
- Hot Springs R. R. v. WilliamsonSupreme Court of Arkansas · 1885
- Illinois Central Railroad v. AllenIllinois Supreme Court · 1866
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3Cited by14 opinions
- Campbell v. Arkansas State Highway CommissionSupreme Court of Arkansas · 1931
- Ark. State Highway Comm. v. KesnerSupreme Court of Arkansas · 1965
- Louisville, New Orleans & Texas Railroad v. JacksonSupreme Court of Arkansas · 1916
- United States v. 635.76 Acres of LandDistrict Court, W.D. Arkansas · 1970
- Board of Directors, St. Francis Levee Dist. v. MorledgeSupreme Court of Arkansas · 1960
9 more not listed; retrieve them via the Exa API.