Surridge v. Ellis
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; W. A. Cunningham, 'Special Judge; 1. Instruction 5 is erroneous. There is no evidence tending to show that the ditch discharged any water upon appellee’s land. 2. There is no evidence on which to base instruction 7. 3. Instruction 8 errs in allowing an award of full damages based upon a permanent injury to the lands, and also damages sustained to the crop of 1912 on the same lands. This error was not cured by requiring a remittitur.
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Appeal from Randolph Circuit Court; W. A. Cunningham, 'Special Judge; 1. Instruction 5 is erroneous. There is no evidence tending to show that the ditch discharged any water upon appellee’s land. 2. There is no evidence on which to base instruction 7. 3. Instruction 8 errs in allowing an award of full damages based upon a permanent injury to the lands, and also damages sustained to the crop of 1912 on the same lands. This error was not cured by requiring a remittitur. It was prejudicial error to refuse to require the jury to make special findings as to damages sustained, if any, upon the…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, E. L. Ellis, owns a small farm near Black River in Randolph County, and the defendants own adjoining lands. Plaintiff sues to recover compensation for injuries alleged to have been done to his land by reason of digging a ditch by defendants. There was a verdict in plaintiff’s favor assessing damages at $550, but on hearing the motion for new trial, the court required plaintiff to enter a remittitur of. $150 on account of the error in submitting the question of damages done to crop for the year 1912. The remittitnr was entered by plaintiff and judgment rendered accordingly, from…
2Cases cited3 opinions
- Little Rock & Ft. Smith Railway Co. v. PankhurstSupreme Court of Arkansas · 1880
- St. Louis, Iron Mountain & Southern Railway Co. v. MagnessSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Ry. Co. v. BrooksherSupreme Court of Arkansas · 1908
3Cited by3 opinions
- Martin v. RiegerSupreme Court of Arkansas · 1986
- Swenson v. HamptonSupreme Court of Arkansas · 1968
- Altman-Rodgers Co. v. RogersSupreme Court of Arkansas · 1932