McLaughlin v. City of Hope
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. P. H. McLaughlin brought suit for damages against the city of Hope, arising from the construction of its sewer system, which discharged the sewage of the city into Hanegan’s branch, which flowed through certain lands, the property of S. B. Henry, part of which upon the branch had been leased by him for a mill site, and upon which a saw mill had been erected for the purpose of manufacturing…
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Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. P. H. McLaughlin brought suit for damages against the city of Hope, arising from the construction of its sewer system, which discharged the sewage of the city into Hanegan’s branch, which flowed through certain lands, the property of S. B. Henry, part of which upon the branch had been leased by him for a mill site, and upon which a saw mill had been erected for the purpose of manufacturing certain timber, belonging to said Henry, and purchased by McLaughlin of him, into ties. The complaint alleges that the…
1Opinion of the Court
Kirby, J.,
(after stating the facts). The allegations of the complaint are not as definite and certain relative to the damages claimed for the injury as should have been made, but where the complaint states a cause of action indefinitely the defect is reached by motion to make more definite and certain and not by demurrer. St. Louis. I. M. & S. Ry. Co. v. Moss, 75 Ark. 64; Murrell v. Henry, 70 Ark. 163.
When the facts stated in a complaint with every reasonable inference deducible therefrom constitute a cause of action the demurrer should be overruled. Claxton v. Kay, 101 Ark. 352; Cox v.…
2Cases cited13 opinions
- Ashley v. City of Port HuronMichigan Supreme Court · 1877
- Platt Bros. v. City of WaterburySupreme Court of Connecticut · 1900
- Hot Springs R. R. v. WilliamsonSupreme Court of Arkansas · 1885
- Markwardt v. City of GuthrieSupreme Court of Oklahoma · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. MagnessSupreme Court of Arkansas · 1909
8 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Robinson v. City of AshdownSupreme Court of Arkansas · 1990
- Riggs v. City of SpringfieldSupreme Court of Missouri · 1939
- Shellnut v. Arkansas State Game & Fish CommissionSupreme Court of Arkansas · 1953
- Jacobs v. City of SeattleWashington Supreme Court · 1916
- Collier v. City of SpringdaleCourt of Appeals for the Eighth Circuit · 1984
32 more not listed; retrieve them via the Exa API.