Carter v. Bates
Supreme Court of Arkansas
Appeal from Perry Circuit Court; Gv,y Fullc, Judge; STATEMENT OE EACTS. Appellee filed a petition in the county court for the establishment of a road from her house across the land of appellants in order to get to another tract of land owned by her for the purpose of cultivating it.
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Appeal from Perry Circuit Court; Gv,y Fullc, Judge; STATEMENT OE EACTS. Appellee filed a petition in the county court for the establishment of a road from her house across the land of appellants in order to get to another tract of land owned by her for the purpose of cultivating it. Appellants opposed the opening of the road on the route in question on the ground that appellee could obtain another road mostly on her own land and alleged that the opening of the road on the route in question would be a great inconvenience and loss to appellants. The county court granted the petition and…
1Opinion of the CourtHart, J.
(after statixxg the facts). Although the statute calls roads of-this kind private roads because the costs of opening and keeping them in repair are to be borne by the individuals who petition for their establishment, yet they are in a sense public roads. That is to say, although they may be only a branch tci the main public road, yet any one who has occasion to do so may travel them. Pippin v. May, 78 Ark. 18. In that case in discussing whether the petition for the establishment of such a road should be graxxted the court said: “In determining whether such a road is necessary, the court must,…
2Cases cited1 opinion
- Pippin v. MaySupreme Court of Arkansas · 1906
3Cited by5 opinions
- Welch v. ShipmanSupreme Court of Missouri · 1948
- Yates v. SturgisSupreme Court of Arkansas · 1993
- Houston v. HanbySupreme Court of Arkansas · 1921
- Roth v. DaleSupreme Court of Arkansas · 1944
- Burton v. HankinsCourt of Appeals of Arkansas · 2007