St. Louis, Iron Mountain & Southern Railway Co. v. Brady
Supreme Court of Arkansas
Appeal from Marion Circuit Court; Blbridge G. Mitchell, Judge; 1. The testimony does not show that appellant was in fault in the construction of its roadbed. All damages necessarily the result of the proper construction of the road were included in the right of way.
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Appeal from Marion Circuit Court; Blbridge G. Mitchell, Judge; 1. The testimony does not show that appellant was in fault in the construction of its roadbed. All damages necessarily the result of the proper construction of the road were included in the right of way. The company is not liable unless the construction was negligently done. 44 Ark. 258; lb. 360; 47 Id. 330; 47 Id. 340. 2. The court erred in permitting plaintiff to testify as to how the railroad should have been constructed. 66 Ark. 491; 59 Id. 612; 76 Id. 542; 55 Id. 65; lb. 128; 62 Id. 1. 3. Also in permitting plaintiff to…
1Opinion of the CourtBattue, J.
J. W. Bradv 'brought an action against St. Louis, Iron Mountain & Southern Railway Company. He alleged in his complaint that he was the owner of certain lands in Marion County, in this State; that for and in consideration of one dollar to him paid and a private crossing to be erected on these lands and maintained by the railway company for his convenience, he gave to the defendant the right of wav over the same; that the defendant constructed its railroad “through these lands in such a manner as to negligently provide openings for water, causing the same to pass through a trestle a great…
2Cases cited3 opinions
- Little Rock & Fort Smith Railway Co. v. ChapmanSupreme Court of Arkansas · 1882
- Springfield & Memphis Railway v. RheaSupreme Court of Arkansas · 1884
- Springfield & Memphis Railway Co. v. HenrySupreme Court of Arkansas · 1884
3Cited by1 opinion
- J. T. Fargason Co. v. DriverSupreme Court of Arkansas · 1926