City of Bryant v. Springhill Water & Sewer Services, Inc.

SUPPLEMENTAL OPINION ON DENIAL OF REHEARING JUNE 6, 1988

David Newbern, Justice.

The appellees seek rehearing on the ground that our opinion fails to follow Missouri Pacific Ry. Co. v. Huggins, 253 Ark. 309, 485 S.W.2d 723 (1972), which the appellees cited in their brief. They contend that we have overruled that case without citation or discussion of it.

In the Huggins case, the railroad instituted condemnation proceedings against land adjacent to its right-of-way for the purpose of removing a large protruding rock which threatened to fall on the right-of-way. After the order of entry, the…