Kansas City Southern Railway Co. v. City of Mena
Supreme Court of Arkansas
Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; 1. A railway company is entitled to.the expense of structural changes when a city condemns a right-of-way across the company’s property. 75 Ark. 530 and 75 Id. 534, are not authority to sustain the ruling of the court below. 139 Mich. 347; 102 N. W. 947; 51 N. J. L. 428; 17 Atl. 971; 43 Id. 730; 69 Pac. 1050; 59 Atl. 1032; 63 N. E. 96; 102 N. W. 947; etc.
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Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; 1. A railway company is entitled to.the expense of structural changes when a city condemns a right-of-way across the company’s property. 75 Ark. 530 and 75 Id. 534, are not authority to sustain the ruling of the court below. 139 Mich. 347; 102 N. W. 947; 51 N. J. L. 428; 17 Atl. 971; 43 Id. 730; 69 Pac. 1050; 59 Atl. 1032; 63 N. E. 96; 102 N. W. 947; etc. The railway company was not entitled to the expense of structural changes when a city condemns a right-of-way across its property for street purposes under the police power. Acts…
1Opinion of the CourtSmith, J.
This suit was brought by the City of Mena to condemn a right-of-way for a street over the property of the appellant. Judgment was rendered for appellant for the sum of $50, which included only the value of the right-of-way taken. Appellant offered to introduce evidence that it was required to expend $181.39 in the re-arrangement and shifting of its tracks made necessary by the opening of the street, and that it had already expended $137.37 in installing the crossing. But this evidence was excluded hy the court upon the ground that the railway company was not entitled to compensation for these…
2Cases cited4 opinions
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- City of Grafton v. St. Paul, Minneapolis & Manitoba Railway Co.North Dakota Supreme Court · 1907
- St. Louis & San Francisco Railroad v. FayettevilleSupreme Court of Arkansas · 1905
- St. Louis Southwestern Railway Co. v. RoyallSupreme Court of Arkansas · 1905
3Cited by10 opinions
- Brock v. TownsellSupreme Court of Arkansas · 2009
- Union Pacific RR Co. v. State Ex Rel. Faulkner Cty.Supreme Court of Arkansas · 1994
- Dena Construction Co. v. Burlington Northern RailroadSupreme Court of Arkansas · 1989
- St. Louis-San Francisco Railway Co. v. BaySupreme Court of Arkansas · 1930
- Kansas City Southern Railway Co. v. Sevier CountySupreme Court of Arkansas · 1926
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