Jones v. Sewer Improvement District No. 3
Supreme Court of Arkansas
'Appeal from Benton Chancery Court; T. H. Humphrey, Chancellor; 1. A flagrant and dangerous nuisance was proven. 102 Ark. 288; 85 Id. 553-4; 5 Pom. Eq., § 539; 93 Ark. 53; 77 Am. St. Rep. 335; 92 S. W. 931-2; 41 Am. .St. 367; 50 Id. 168; Spelling on Injunction (2 -ed.), § 676; 15 Cyc. 728; 54 Ark. 144; Kirby’s Dig., § 3965; 63 Pac. 557; 60 S. W, 593; 51 Pac. 557; 47 S. W. 70. The injunction should have been made permanent, after a reasonable time to repair. Oases, supra.
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'Appeal from Benton Chancery Court; T. H. Humphrey, Chancellor; 1. A flagrant and dangerous nuisance was proven. 102 Ark. 288; 85 Id. 553-4; 5 Pom. Eq., § 539; 93 Ark. 53; 77 Am. St. Rep. 335; 92 S. W. 931-2; 41 Am. .St. 367; 50 Id. 168; Spelling on Injunction (2 -ed.), § 676; 15 Cyc. 728; 54 Ark. 144; Kirby’s Dig., § 3965; 63 Pac. 557; 60 S. W, 593; 51 Pac. 557; 47 S. W. 70. The injunction should have been made permanent, after a reasonable time to repair. Oases, supra. The individual members of the hoard were liable. 103 Ark. 270. The nuisance was continuing and grew more aggravated. It is…
1Opinion of the CourtHart, J.
R. 0. Jones and Martin Wheatley instituted separate actions in the chancery court against the city of Rogers, Sewer Improvement District No. 3 of the city of Rogers, and the individuals comprising the board of commissioners of said improvement district. The causes were consolidated for the purpose of trial.
Among other allegations contained in the complaint are the following :
That the plaintiffs are farmers and reside on their farms near the city of Rogers, in Benton County, Arkansas.
That a natural drain or water course runs through their land in which water flows the year round.
That a sewer…
2Cases cited14 opinions
- Wood v. Drainage District No. 2Supreme Court of Arkansas · 1913
- McLaughlin v. City of HopeSupreme Court of Arkansas · 1913
- Trammell v. Town of RussellvilleSupreme Court of Arkansas · 1879
- Durfey v. ThalheimerSupreme Court of Arkansas · 1908
- Board of Improvement of Sewer District Number 2 v. MorelandSupreme Court of Arkansas · 1910
9 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Matthews v. MartinSupreme Court of Arkansas · 1983
- Robinson v. City of AshdownSupreme Court of Arkansas · 1990
- Collier v. City of SpringdaleCourt of Appeals for the Eighth Circuit · 1984
- Cabbiness v. City of North Little RockSupreme Court of Arkansas · 1957
- Conestee Mills v. City of GreenvilleSupreme Court of South Carolina · 1931
23 more not listed; retrieve them via the Exa API.