Bracey v. St. Louis, San Francisco & New Orleans Railroad
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; Joel D. Conway, Judge; 1. Whether a verdict be so excessively large or excessively small as to shock one’s sense of justice, it ought to be set aside. 10 Ark. 491; 2 Ark. 360; 5 Ark. 407; 6 Ark. 86; 10 Ark. 638; 39 Ark. 491; 9. Ark. 394. 2. The court erred in its first instruction given at request of appellee as to the measure of damages. 54 Ark. 140. Its second instruction given for appellee was erroneous in withdrawing from…
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Appeal from Hempstead Circuit Court; Joel D. Conway, Judge; 1. Whether a verdict be so excessively large or excessively small as to shock one’s sense of justice, it ought to be set aside. 10 Ark. 491; 2 Ark. 360; 5 Ark. 407; 6 Ark. 86; 10 Ark. 638; 39 Ark. 491; 9. Ark. 394. 2. The court erred in its first instruction given at request of appellee as to the measure of damages. 54 Ark. 140. Its second instruction given for appellee was erroneous in withdrawing from consideration any damages suffered by appellant in common with other property owners on Vine Street. 73 Ark. 1. 3. The court erred…
1Opinion of the CourtHill, C. J.
Mrs. Bracey owned a handsome and comfortable home in the town of Hope, which had been erected a few years ago by her late husband. The St. Louis, Iron Mountain & Southern Railway main and side tracks were laid in the street just in front of her home. The appellee road brought suit against Mrs. Bracey to condemn her rights as abutting owner in Vine Street, which was east of her residence and at right angles to the street upon which the Iron Mountain tracks were already laid. This is an appeal by Mrs. Bracey from a judgment assessing her damages at $100.
The first question urged is that the…
2Cases cited1 opinion
- Little Rock & Fort Smith Railway Co. v. GreerSupreme Court of Arkansas · 1906
3Cited by1 opinion
- Daniels v. Board of DirectorsSupreme Court of Arkansas · 1907