St. Louis & San Francisco Railroad v. Shore
Supreme Court of Arkansas
Appeal from Washington Circuit Court; /. 5*: Maples, Judge; 1. The statute is void, because, a. It deprives appellant of its property without due process of law, contrary to art. 2, § 8, Const; Ark. 1874. 39 Ark. 167; 21 Ark. 431; 42 Ark. 529; 51 Ark. 330; 68 Ark. 600-604; 33 Ark. 816; 49 Ark. 190; 68 Ark. 333; 164 U. S. 403. b.
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Appeal from Washington Circuit Court; /. 5*: Maples, Judge; 1. The statute is void, because, a. It deprives appellant of its property without due process of law, contrary to art. 2, § 8, Const; Ark. 1874. 39 Ark. 167; 21 Ark. 431; 42 Ark. 529; 51 Ark. 330; 68 Ark. 600-604; 33 Ark. 816; 49 Ark. 190; 68 Ark. 333; 164 U. S. 403. b. It takes from appellant a valuable privilege which it has bought and paid for, thereby depriving it of its property “without the judgment of its peers or the law of the land,” contrary to art. 2, § 21, Const. Ark. And thereby takes private property without due…
1Opinion of the CourtMcCueeoch, C. J.
Plaintiffs instituted this action to recover damages to their land and growing fruit orchard, caused by fire alleged to have been communicated from a locomotive operated by the defendant on its railroad. They recovered the sum of $2,500 in the trial below, and defendant appealed to this court.
It is neither alleged nor proved that the defendant was guilty of any negligence in allowing the fire to escape; and the principal question involved in this case is as to the constitutionality of the act approved April 18, 1907, making railroad companies responsible for damage caused by fire. The statute…
2Cases cited5 opinions
- St. Louis & San Francisco Railway Co. v. MathewsSupreme Court of the United States · 1897
- L. R. Junction Ry. v. WoodruffSupreme Court of Arkansas · 1887
- Leep v. Railway Co.Supreme Court of Arkansas · 1894
- L. R. & F. S. R. R. v. PayneSupreme Court of Arkansas · 1878
- Kansas City Southern Railway Co. v. BolesSupreme Court of Arkansas · 1908
3Cited by16 opinions
- Sullivan v. Mountain States Power Co.Oregon Supreme Court · 1932
- Drewry v. WelchCalifornia Court of Appeal · 1965
- Bush v. TaylorSupreme Court of Arkansas · 1917
- Kennedy v. Minarets & Western Railway Co.California Court of Appeal · 1928
- Valley Lumber Co. v. Westmoreland Bros.Supreme Court of Arkansas · 1923
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