St. Louis, Iron Mountain & Southern Railway Co. v. Magness
Supreme Court of Arkansas
Appeals from Independence Circuit Court; Charles Coffin, Judge; W. T. & R. T. Magness and S. A. Moore sued appellant separately. The actions were consolidated and judgments recovered by each of the plaintiffs. statement by the court. “Thomas Creek,” a’stream in Independence County, Arkansas, flowed in a course that was generally south and southwest into “Mud Creek,” which latter stream emptied into White River. In 1882 appellant built its railroad across “Thomas Creek.”
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Appeals from Independence Circuit Court; Charles Coffin, Judge; W. T. & R. T. Magness and S. A. Moore sued appellant separately. The actions were consolidated and judgments recovered by each of the plaintiffs. statement by the court. “Thomas Creek,” a’stream in Independence County, Arkansas, flowed in a course that was generally south and southwest into “Mud Creek,” which latter stream emptied into White River. In 1882 appellant built its railroad across “Thomas Creek.” The stream had well-defined banks where the appellant crossed it with a trestle, .designated in the evidence as No. 1523.…
1Opinion of the CourtWood, J.
(after stating the facts). The waters that flowed through the new channel of Thomas Creek as straightened by Powell — “Powell’s Ditch,” as it is often called in the evidence— were not surface waters, but waters of a well-defined stream that had been diverted into a new and different channel. Whether this diversion was'caused primarily by appellant in obstructing the old channel, or by natural causes, or by Powell, is wholly immaterial in this case, because for at least four years the waters of this stream, at low stages and at flood tide, had passed over appellant’s railroad in a certain…
2Cases cited20 opinions
- St. Louis, Iron Mountain & Southern Railway v. BiggsSupreme Court of Arkansas · 1889
- Little Rock & Fort Smith Railway Co. v. ChapmanSupreme Court of Arkansas · 1882
- Railway Co. v. LymanSupreme Court of Arkansas · 1893
- Railway v. CombsSupreme Court of Arkansas · 1888
- Springfield & Memphis Railway v. RheaSupreme Court of Arkansas · 1884
15 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- McLaughlin v. City of HopeSupreme Court of Arkansas · 1913
- Chicago, Rock Island & Pacific Railway Co. v. HumphreysSupreme Court of Arkansas · 1913
- Boone v. WilsonSupreme Court of Arkansas · 1916
- Morrow v. MerrickSupreme Court of Arkansas · 1923
- Leader v. MathewsSupreme Court of Arkansas · 1936
18 more not listed; retrieve them via the Exa API.