Ashley, Drew & Northern Railway Co. v. Gulledge
Supreme Court of Arkansas
Appeal from Drew Circuit Court; Turner Butler, Judge; 1. The theory on which this case was tried as embodied in the instructions is in direct conflict with 73 Ark. 1. No private action lies on account of an act obstructing a public and common right, for damages of the same 'kind as those sustained by the general public, but an action will lie for peculiar or special damages of a kind different from that suffered by the general public. 45 Ark. 433; 92 P,ac. 953; 22 Id. 814.…
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Appeal from Drew Circuit Court; Turner Butler, Judge; 1. The theory on which this case was tried as embodied in the instructions is in direct conflict with 73 Ark. 1. No private action lies on account of an act obstructing a public and common right, for damages of the same 'kind as those sustained by the general public, but an action will lie for peculiar or special damages of a kind different from that suffered by the general public. 45 Ark. 433; 92 P,ac. 953; 22 Id. 814. 2. No cause of action w>as stated in the complaint. 73 Ark. 1. 3. Plaintiff failed to make out ia case under the law. 35…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, Mrs. Kitty Gulledge, is the owner of real estate in the town of Montieello, abutting on the street along which the defendant has constructed and operates its railroad, and this is an action instituted against defendant to recover damages alleged to have been caused by the construction and operation of the railroad. The property of the plaintiff is situated on the northeast corner of Gaibbert Street and Wood Avenue and fronts 280 feet on Gabbert Street and 128 feet on Wood Avenue. 'She has an eight-room residence on the lot, and also a five-room dwelling house which she rents…
2Cases cited4 opinions
- Hot Springs R. R. v. WilliamsonSupreme Court of Arkansas · 1885
- Little Rock & Fort Smith Railway Co. v. GreerSupreme Court of Arkansas · 1906
- Little Rock & Hot Springs Western Railroad v. NewmanSupreme Court of Arkansas · 1904
- Cook v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1912
3Cited by3 opinions
- Ark. State Highway Comm. v. Union Planters Natl. BankSupreme Court of Arkansas · 1960
- Missouri Pacific R.R. Co. v. JuneauSupreme Court of Arkansas · 1928
- Ark. State Highway Comm. v. Union Planters Natl. BankSupreme Court of Arkansas · 1960