Jonesboro, Lake City & Eastern Railroad v. Ashabranner
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, C'hickasawba District; W. J. Driver', Judge; The court erred in permitting appellee to testify that ■she had been offered a certain price for her land, and in refusing to strike that part of her testimony from the record. 15 L. R. A. 591, and cases cited; 27 Mich. 386; 15 Ene. Ev. 451-H and note. The testimony was hearsay and incompetent.
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Appeal from Mississippi Circuit Court, C'hickasawba District; W. J. Driver', Judge; The court erred in permitting appellee to testify that ■she had been offered a certain price for her land, and in refusing to strike that part of her testimony from the record. 15 L. R. A. 591, and cases cited; 27 Mich. 386; 15 Ene. Ev. 451-H and note. The testimony was hearsay and incompetent. A witness is not permitted to estimate the amount of damages; that is the province of the jury. 67 Ark. 375; 59 Ark. 105, and cases cited; 62 Ark. 218; 68 Ark. 222; 70 Ark. 406. Additional elements of damages not…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, Caroline Ashabranner, owns a tract of land in Mississippi County, containing eighty acres, and in the year 1901 she conveyed to the defendant railroad company a right-of-way one hundred feet wide through the land. She instituted this action against the company, alleging that in the year 1912 the company dug a pond or ditch along the right-of-way which interfered with the use of a roadway over her farm, and also caused stagnant water to stand in the pond or ditch, which inflicted serious damage and depreciated the value of her land. The case was tried before a jury, and numerous…
2Cited by10 opinions
- Golenternek v. KurthSupreme Court of Arkansas · 1948
- Ark. State Highway Comm. v. FowlerSupreme Court of Arkansas · 1966
- Hinton v. BryantSupreme Court of Arkansas · 1960
- Ark. State Highway Comm. v. Muswick Cigar & Beverage Co.Supreme Court of Arkansas · 1959
- Ark. State Highway Comm. v. ElliottSupreme Court of Arkansas · 1962
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