Ratcliffe v. Pulaski Turnpike Co.
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court. Ti-ioMAs B. Martin, Chancellor. The turnpike company had no exclusive rights which were violated by the acts of appellants. Such a grant as that claimed by appellees would be monopoly within the prohibition of the constitution. Art. 2, § 19, Const. Ark.
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Appeal from Pulaski Chancery Court. Ti-ioMAs B. Martin, Chancellor. The turnpike company had no exclusive rights which were violated by the acts of appellants. Such a grant as that claimed by appellees would be monopoly within the prohibition of the constitution. Art. 2, § 19, Const. Ark. The maxim sic uiere, etc., applies only in eases where an owner is attempting or doing that which will infringe a right of another which is in the nature of or equivalent to an easement over the servitude upon such owner’s land. 12 Mass. 157; 13 Wend. 2C1; 3 B. & Ad. 871; 2 M. & W. 22; 4 Paige, 169; 12 Mass.…
1Opinion of the Court
BtjnN, O. J.
On the 18th day of April, 1885, in due course, the county court of Pulaski county, proceeding under the provisions of an act of the general assembly entitled “An act granting toll bridge and turnpike privileges,” etc., approved March 6, 1875 (Acts 1874-5, p. 242), entered into a contract with the Pulaski Turnpike Company, for the construction of a turnpike over that portion of the Little Bock and Pine Bluff public road leading from Oakland cemetery in Little Bock across the Fourche Bayou, over the Iron Bridge belonging to the county, to the foot of Fourche Mountain; and in…
2Cases cited2 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Auburn and Cato Plank Road Co. v. . DouglassNew York Court of Appeals · 1854
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- Arkansas State Highway Commission v. Southwestern Bell Telephone Co.Supreme Court of Arkansas · 1944
- McDonald v. StateCourt of Criminal Appeals of Texas · 1915
- White River Bridge Co. v. HurdSupreme Court of Arkansas · 1923
- Arkansas State Highway Commission v. ButlerCourt of Appeals for the Eighth Circuit · 1939
- Bell v. ConnerSupreme Court of Arkansas · 1928
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