St. Louis, Iron Mountain & Southern Railway Co. v. Martin
Supreme Court of Arkansas
Appeal from Hot Springs Circuit Court; W. H. Evans, Judge; Both the act of Congress of September 29, 1850, and the act of the State Legislature approved January 18, 1853, Acts 1852 and 1853, p. 176, were grants in praesenti. 85 Ark. 584; 97 U. S. 491, 24 L. Ed. 1095; 103 U.S. 426,26 L. Ed. 578. All persons acquiring portions of the public lands after the passage of the act take the same subject to the right-of-way conferred by it for the proposed road. 74 Kan. 494, 87 Pac.…
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Appeal from Hot Springs Circuit Court; W. H. Evans, Judge; Both the act of Congress of September 29, 1850, and the act of the State Legislature approved January 18, 1853, Acts 1852 and 1853, p. 176, were grants in praesenti. 85 Ark. 584; 97 U. S. 491, 24 L. Ed. 1095; 103 U.S. 426,26 L. Ed. 578. All persons acquiring portions of the public lands after the passage of the act take the same subject to the right-of-way conferred by it for the proposed road. 74 Kan. 494, 87 Pac. 687; 190 U. S. 267, 49 L. Ed. 639. A railway company is not limited to so much of the right-of-way prescribed by the…
1Opinion of the CourtMcCulloch, C. J.
Plaintiff, Thomas F. Martin, instituted this action against defendant railway company tó recover damages for the value of two strips of land, each fifty feet wide running parallel with the railroad through an eighty-acre tract of land in Hot Spring County. The case was tried upon an agreed statement of facts before the court sitting' as a jury, and the court found in favor of the plaintiff, assessing the damages in the sum of $125, and judgment was rendéred accordingly.
The defendant asserted its right to occupy.the strips of land in controversy as a part of the right-of-way granted to the…
2Cases cited1 opinion
- St. Louis & San Francisco Railroad v. RuttanSupreme Court of Arkansas · 1909
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