Ruffner v. Phelps
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court in Chancery, Eastern District. Richard H. Powell, Judge. STATEMENT BY THE COURT. In 1874 W. M. Ponder, wbo was the owner of the land on which is situated the present town of Walnut Ridge, Lawrence county, made a plat of the town defining blocks, lots, streets and alleys. Among others was defined “Vine street,” involved in this snit. The plat was dnly recorded.
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Appeal from Lawrence Circuit Court in Chancery, Eastern District. Richard H. Powell, Judge. STATEMENT BY THE COURT. In 1874 W. M. Ponder, wbo was the owner of the land on which is situated the present town of Walnut Ridge, Lawrence county, made a plat of the town defining blocks, lots, streets and alleys. Among others was defined “Vine street,” involved in this snit. The plat was dnly recorded. In 1880, upon the petition of W. M. Ponder et al., the town of Walnut Ridge, including the area covered by the plat supra, was incorporated. After the plat was recorded, Ponder sold off lots, and in…
1Opinion of the Court
Wood, J.,
(after stating the facts). A purpresture is an encroachment upon the street, which the municipality may or may not tolerate at its option, if same be not also a public nuisance. But if said encroachment be such as to inconvenience the public, the municipality or aDy individual especially injured thereby may abate and x'estrain same by injunction. Wellborn v. Davies, 40 Ark. 832; Coke, Lit. side p. 277b; 1 Wood, Nuis. §§ 81, 97, et seq.; 1 High, Inj. § 761, et seq.; Barnham v. Hotchkiss, 14 Conn. 311; 1 Story, Eq. Jur. § 921, et seq.
We do not decide, but it may be conceded,' 'that the…
2Cases cited2 opinions
- Bigelow v. Hartford Bridge Co.Supreme Court of Connecticut · 1842
- Burnham v. HotchkissSupreme Court of Connecticut · 1841
3Cited by8 opinions
- State Ex Rel. Latta v. MariannaSupreme Court of Arkansas · 1931
- Lincoln v. McGehee Hotel Co., Inc.Supreme Court of Arkansas · 1930
- Citizens' Pipe Line Co. v. Twin City Pipe Line Co.Supreme Court of Arkansas · 1928
- Owens v. AtkinsSupreme Court of Arkansas · 1924
- Matthews v. BloodworthSupreme Court of Arkansas · 1914
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