Missouri & North Arkansas Railroad v. Phillips
Supreme Court of Arkansas
Appeal from Carroll Circuit Court, Eastern District; /. S. Maples, Judge; For the destruction of mature fruit trees the only proper measure of damages, in the very nature of such trees, is the depreciation in value of the land of which they form a part. 132 N. Y. 199; 54 Mo. App. 223; 72 Gal. 75; 13 Pac. 401 ; 102 la. 286, 71 N. W. 409; no N. W. 657; 76 Neb. 545, 107 N. W. 757; 95 S. W. 600; 67 Ark. 371. 1. The evidence was sufficient to sustain the verdict.
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Appeal from Carroll Circuit Court, Eastern District; /. S. Maples, Judge; For the destruction of mature fruit trees the only proper measure of damages, in the very nature of such trees, is the depreciation in value of the land of which they form a part. 132 N. Y. 199; 54 Mo. App. 223; 72 Gal. 75; 13 Pac. 401 ; 102 la. 286, 71 N. W. 409; no N. W. 657; 76 Neb. 545, 107 N. W. 757; 95 S. W. 600; 67 Ark. 371. 1. The evidence was sufficient to sustain the verdict. The orchard was discovered to be on fire shortly after the train passed, and there was no other evidence to explain the origin of the…
1Opinion of the CourtMcCurroch, C. J.
Plaintiffs (appellees) instituted this action against the Missouri & North Arkansas Railroad Company to recover damages done to their lands by reason of fire set out from a locomotive. They own a tract of land adjoining the railroad right-of-way, and the fire destroyed a peach orchard growing on the land. Eire was discovered in the grass growing on the right-of-way and on plaintiff’s land shortly after a train had passed. The wind was blowing in the direction of the land from the right-of-way, and the origin of the fire is not explained in any other way. Plaintiffs recovered judgment for…
2Cases cited4 opinions
- Railway Co. v. DoddSupreme Court of Arkansas · 1894
- St. Louis, Iron Mountain & Southern Railway Co. v. CoombsSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. DawsonSupreme Court of Arkansas · 1906
- St. Louis & San Francisco Railroad v. ShoreSupreme Court of Arkansas · 1909
3Cited by5 opinions
- Bush v. TaylorSupreme Court of Arkansas · 1917
- Missouri Arkansas Railway Company v. TreeceSupreme Court of Arkansas · 1946
- Missoula Trust & Savings Bank v. Northern Pacific Railway Co.Montana Supreme Court · 1926
- St. Louis & San Francisco Railway Co. v. BlackSupreme Court of Arkansas · 1920
- Carden v. Atlanta, Birmingham & Atlantic Railway Co.Court of Appeals of Georgia · 1919