Lonoke v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Arkansas
Appeal from Lonoke Chancery Court; John B. Martineau, Chancellor; One cannot erect a nuisance upon his own land adjoining vacant lands owned by another, and thus control the use to which the vacant lands may be subjected in the future. 63 N. Y. 568; 20 Am. R. 568. Brick burning is not a nuisance per se, but may become so by reason of the manner of operation.
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Appeal from Lonoke Chancery Court; John B. Martineau, Chancellor; One cannot erect a nuisance upon his own land adjoining vacant lands owned by another, and thus control the use to which the vacant lands may be subjected in the future. 63 N. Y. 568; 20 Am. R. 568. Brick burning is not a nuisance per se, but may become so by reason of the manner of operation. Wood on Nuisances, 727. The depot and cotton platform are a nuisance, and should be abated. 70 Ark. 12; Joyce on Nuisance, pp. 299, 243. If an obstruction is unnecessarily created or safety in the streets is unnecessarily impaired, a…
1Opinion of the CourtFrauenthal, J.
The appellee, the Chicago,' Rock Island & Pacific Railroad Company, owns and operates a line of railroad which passes through the town of Lonoke, Arkansas. In about the center of the business portion of the town are located its depot grounds. These depot grounds extend about 250 feet from the northern to the southern boundary thereof, including the streets, and upon the eastern boundary is what is known as Center Street and on the western boundary Richwood Street. These two streets run north and south across the right of way and railroad tracks of appellee, and are about 300 feet apart. Upon…
2Cases cited13 opinions
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
- Chicago, Rock Island & Pacific Railroad v. City of JolietIllinois Supreme Court · 1875
- Ex parte FooteSupreme Court of Arkansas · 1901
- Town of Arkadelphia v. ClarkSupreme Court of Arkansas · 1889
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Smith v. Western Hide & Fur Co.Supreme Court of Arkansas · 1922
- City of Prichard v. Alabama Power Co.Supreme Court of Alabama · 1937
- Swaim v. MorrisSupreme Court of Arkansas · 1910
- City of Tulsa v. Tyson Foods, Inc.District Court, N.D. Oklahoma · 2003
- Radney v. Town of AshlandSupreme Court of Alabama · 1917
14 more not listed; retrieve them via the Exa API.