Legal Opinion

Kansas City Southern Railway Co. v. Anderson

Supreme Court of Arkansas

Decided November 23, 1908PublishedCited by 13 opinions

Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; 1. The matters set up in the first paragraph of t’he answer were wholly inadmissible and harmful. 80 Ark. 158; 74 Id. 256. 2. A person who knows the market value may state it, but it is incompetent to bolster a witness by his own side by asking him to give the reasons upon which he bases his opinion.

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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; 1. The matters set up in the first paragraph of t’he answer were wholly inadmissible and harmful. 80 Ark. 158; 74 Id. 256. 2. A person who knows the market value may state it, but it is incompetent to bolster a witness by his own side by asking him to give the reasons upon which he bases his opinion. The reasons may be asked on cross-examination by opposite side. 49 Ark. 381. 3. It was inadmissible to permit plaintiff to state what his secret intention was when 'he attached the machinery to the building. 13 A. & E.…

1Opinion of the CourtHiru, C. J.

The railway company filed suit for the condemnation of the lots in the city of Fort Smith belonging to D. A. Anderson. The defendant answered in several paragraphs. Only parts of it are material on this appeal. He alleged that the property was occupied and used by him as a manufacturing plant, for the manufacture of finished lumber and mill products, and as a planing mill and lumber yard, upon which was located and used in sajd business valuable machinery; that the property hg.d a peculiar value as a site for such business. He alleged that the total value of his property sought to be taken…

2Cases cited5 opinions

  1. L. R. Junction Ry. v. WoodruffSupreme Court of Arkansas · 1887
  2. Blincoe v. Choctaw, Oklahoma & Western RailroadSupreme Court of Oklahoma · 1905
  3. Choate v. KimballSupreme Court of Arkansas · 1892
  4. Hot Springs R. R. v. WilliamsonSupreme Court of Arkansas · 1885
  5. Ozark v. AdamsSupreme Court of Arkansas · 1904

3Cited by13 opinions

  1. Jacksonville Express. Auth. v. Henry G. Du Pree Co.Supreme Court of Florida · 1959
  2. Halbert v. Helena-West Helena Industrial Development Corp.Supreme Court of Arkansas · 1956
  3. State Highway Commission v. Superbilt Manufacturing Co.Oregon Supreme Court · 1955
  4. City of El Dorado v. ScruggsSupreme Court of Arkansas · 1914
  5. St. Louis-San Francisco Railway Co. v. WhiteSupreme Court of Arkansas · 1939

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