St. Louis, Iron Mountain & Southern Railway Co. v. Saunders
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Jacob M. 'Carter, Judge; 1. The court erred in the admission of testimony as to the rental value of the land.
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Appeal from Clark Circuit Court; Jacob M. 'Carter, Judge; 1. The court erred in the admission of testimony as to the rental value of the land. The effect of permitting appellee to introduce testimony to show what it cost to plant and cultivate the crop up to the time of its destruction, and then to recover for the rent of his land on testimony as to the rental value of the whole farm, was to magnify his damages, and set up a measure of damages contrary to the rule laid down by this court. He cannot recover both rent of land and value of crops. 56 Ark. 612. 2. Appellant should have been…
1Opinion of the CourtWood, J.
Appellee brought three separate suits against appellant alleging the destruction of his crops for the years 1903, 1904 and 1906, by overflow caused by the negligent construction by appellant of its roadbed over a large stream, known as Terre Noir Creek, by reason of which negligent construction appellee averred his lands were overflowed, and his crops were destroyed for each of the years for which he sued.
The appellant answered each complaint, denying all the material allegations thereof, and setting up that appellee’s damage was produced not by the negligence of appellant but by natural…
Also in this document: Dissent.
2Cases cited4 opinions
- City of Chicago v. HuenerbeinIllinois Supreme Court · 1877
- Railway Co. v. YarboroughSupreme Court of Arkansas · 1892
- Gulf, Colorado & Santa Fe Railway Co. v. LookerTexas Supreme Court · 1890
- Hawks v. Inhabitants of CharlemontMassachusetts Supreme Judicial Court · 1872
3Cited by13 opinions
- Christmas v. RaleySupreme Court of Arkansas · 1976
- Dickerson Const. Co., Inc. v. DozierSupreme Court of Arkansas · 1979
- Farm Credit Midsouth, PCA v. BollingerCourt of Appeals of Arkansas · 2018
- De Arman v. OglesbySupreme Court of Oklahoma · 1915
- Lamkins v. International Harvester Co.Supreme Court of Arkansas · 1944
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