St. Louis, Iron Mountain & Southern Railway Co. v. Fort Smith & Van Buren Railway Co.
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; 1. The court erred in refusing to transfer to equity. Kirby’s Dig., § 6770;76 Ark. 239; 91 Id. 231; 57 Ark. 367; 109 111. 237; 91 Ark. 231; 43 Id. 111. The statutory proceeding to condemn crossings is established to ascertain (1) the points of crossing, (2) the manner of crossing, and (3) the compensation for crossings, and no provision is made for an issue upon the right to condemn.
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; 1. The court erred in refusing to transfer to equity. Kirby’s Dig., § 6770;76 Ark. 239; 91 Id. 231; 57 Ark. 367; 109 111. 237; 91 Ark. 231; 43 Id. 111. The statutory proceeding to condemn crossings is established to ascertain (1) the points of crossing, (2) the manner of crossing, and (3) the compensation for crossings, and no provision is made for an issue upon the right to condemn. Cases supra and also 59 Ark. 171; 78 Id. 83. 2. The court erred in refusing to find for defendant and in refusing to find that appellee…
1Opinion of the CourtMcCulloch, C. J.
Appellee is a domestic railway corporation chartered for the purpose of constructing and operating a railroad from the city of Fort Smith, Arkansas, to the city of Van Burén, a distance of about five miles. Its proposed line crosses, in the city of Fort Smith, the main track and certain sidetracks and spurs of appellant railway company, and it seeks in the present proceeding to condemn the right-of-way for these crossings, seven in number.
The statutes of this State contain the following provisions concerning the rights of intersecting railroads:
“Section 6769. Every railroad corporation…
2Cases cited6 opinions
- Railway Co. v. PettySupreme Court of Arkansas · 1893
- Mountain Park Terminal Railway Co. v. FieldSupreme Court of Arkansas · 1905
- Cloth v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1910
- Ozark Coal Co. v. Pennsylvania Anthracite RailroadSupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. FaisstSupreme Court of Arkansas · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Selle v. City of FayettevilleSupreme Court of Arkansas · 1944
- Burton v. WardSupreme Court of Arkansas · 1951
- Missouri Pacific Railroad v. 55 Acres of Land Located in CrittendenDistrict Court, E.D. Arkansas · 1996
- Butler County Railroad v. St. Louis, Kennett & Southeastern RailroadSupreme Court of Arkansas · 1918
- Cairo, Truman & Southern Railroad v. Arkansas Short LineSupreme Court of Arkansas · 1926
5 more not listed; retrieve them via the Exa API.