City of Springdale v. Weathers

While the cases cited by the majority to support their position as to the time of accrual of the cause of action in a case such as this are in tort, based on negligence, I concur in their position as to the beginning of the running of the statute of limitations, i. e., at the- time when it can be ascertained with reasonable certainty that pollution of the stream will result in-a nuisance of a permanent and continuous character, as this indicates an intention to take a permanent right to so pollute the stream. See McLaughlin v. City of Hope, 107 Ark. 442, 155 S. W. 910; El Dorado v. Scruggs,…