Arkansas Central Railroad v. Smith
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District. Styles T. Rowe, Judge. statement by ti-ie court. J. H. Smith was the owner of a tract of land in Sebastian county, across which the Arkansas Central Railroad Company desired a right of way. On the 31st of July, 1897, Smith and his wife executed "a deed conveying a right of way to the company.
Read the full summary
Appeal from Sebastian Circuit Court, Greenwood District. Styles T. Rowe, Judge. statement by ti-ie court. J. H. Smith was the owner of a tract of land in Sebastian county, across which the Arkansas Central Railroad Company desired a right of way. On the 31st of July, 1897, Smith and his wife executed "a deed conveying a right of way to the company. This deed recites “That for and in consideration of a depot at Spring Hill or in the vicinity, by December, 1898, otherwise this deed is to be null and void, we, Johnson H. Smith and Willie G. Smith, his wife, have granted, bargained and sold, and…
1Opinion of the Court
Biddick, J.,
(after stating the facts.) The main question presented in this case is whether the defendant company has complied with the contract -in reference to placing a depot at Spring Hill. If it has not done so, .the plaintiff is entitled to his judgment. Now, it is a little difficult to determine exactly what was meant by the expression for and in consideration “of a depot at Spring Hill” found in the deed, for the term “depot” may mean one thing or another, under different circumstances. It may mean a house for the storage of freight and the accommodation of passengers, or it may mean a…
2Cases cited3 opinions
- Newgass v. Railway Co.Supreme Court of Arkansas · 1891
- Springfield & Memphis Railway v. RheaSupreme Court of Arkansas · 1884
- Springfield & Memphis Railway Co. v. HenrySupreme Court of Arkansas · 1884
3Cited by11 opinions
- Arkansas Louisiana Gas Co. v. McGaughey Bros., Inc.Supreme Court of Arkansas · 1971
- St. Louis, Iron Mountain & Southern Railway Co. v. BerrySupreme Court of Arkansas · 1908
- State v. DrummondSupreme Court of Louisiana · 1913
- Bryant Lumber Co. v. Fourche River Lumber Co.Supreme Court of Arkansas · 1916
- Foster v. Arkansas State Highway CommissionSupreme Court of Arkansas · 1975
6 more not listed; retrieve them via the Exa API.