McCracken v. State
Supreme Court of Arkansas
Appeal from Marion Circuit Court; J. M. Shinn, Judge; 1. The evidence wholly fails to establish that the road obstructed was a public road by prescription. It was not established by any order of the county court. If a public road, it was such solely by prescription. The ferry was a private enterprise, and could be abandoned at any time by the owner.
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Appeal from Marion Circuit Court; J. M. Shinn, Judge; 1. The evidence wholly fails to establish that the road obstructed was a public road by prescription. It was not established by any order of the county court. If a public road, it was such solely by prescription. The ferry was a private enterprise, and could be abandoned at any time by the owner. The owner had no right to make a landing there against the wish or consent of the appellant or his predecessor in title. 84 Ark. 21-27. The use of the road was permissive and not adverse. 7 Mete. (Mass.) 33; 39 Am. Dec. 754. The owner did not…
1Opinion of the CourtMcCulloch, C. J.
This prosecution was begun against appellant before a justice of the peace of Marion County on information filed by the prosecuting attorney, charging the offense of obstructing a certain public highway. The charge is that appellant did obstruct “the public road which extends from Oakland to Flippin by then and there felling trees and building fences across said public road at and near Pace’s Ferry on the north or left bank of White River. ’ ’
Appellant was convicted in the trial before the justice of the peace, and on the trial anew in the circuit court he was again convicted. At the point…
2Cases cited1 opinion
- Howard v. StateSupreme Court of Arkansas · 1886
3Cited by10 opinions
- Boullioun v. ConstantineSupreme Court of Arkansas · 1932
- City of Elizabethton v. Carter CountyTennessee Supreme Court · 1958
- Merritt Mercantile Company v. NelmsSupreme Court of Arkansas · 1925
- Pierce v. JonesSupreme Court of Arkansas · 1944
- Martin v. Bond, TrusteeSupreme Court of Arkansas · 1949
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