White River Railway Co. v. Hamilton
Supreme Court of Arkansas
Appeal from Baxter Circuit Court. John W. Meeks, Judge. Thomas Hamilton and G. F. Cunningham jointly sued the White River Railway Company' and George C. Smith, a contractor in the employ of such company, alleging that Cunningham owned 120 acres, and sold defendant company a right of way 100 feet wide over and across same; that defendant company contracted to rebuild, replace and keep up all fences in and over said right of way, so as to protect the crops; that, in violation…
Read the full summary
Appeal from Baxter Circuit Court. John W. Meeks, Judge. Thomas Hamilton and G. F. Cunningham jointly sued the White River Railway Company' and George C. Smith, a contractor in the employ of such company, alleging that Cunningham owned 120 acres, and sold defendant company a right of way 100 feet wide over and across same; that defendant company contracted to rebuild, replace and keep up all fences in and over said right of way, so as to protect the crops; that, in violation of said contract, defendants failed to replace said fences and permitted stock to enter the fields and destroy the…
1Opinion of the CourtHill, C. J.
This was an action by a landowner and his tenant for the destruction of the tenant’s crop by cattle destroying it, owing to the railroad company failing to rebuild, replace and maintain fences pursuant to a contract between the railroad and the landowner. The contract sued upon was in a deed to a right of way over the land in which this is part: “Said railway company to reconstruct fences when same are on right of way, and to provide necessary road crossings and stock guards.” There is no allegation and no evidence to impeach the above-quoted clause as being the correct written evidence of…
2Cited by3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. GillihanSupreme Court of Arkansas · 1906
- Grist v. LeeSupreme Court of Arkansas · 1916
- Caststeel v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1907