Board of Directors of St. Francis Levee District v. Barton
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court; Prank Smith, Judge; A railroad company which owns the fee of the right of way may lawfully erect a solid embankment,- although the result is to stop the flow of surface water. 31 Am. R. 216; 35 Me. 200; 141 Mass. 174; 38 A-m. R. 754; Id. 139; 41 Minn. 384. A cana'l company, acting under authority of the Legislature, is not liable for damages for cutting off the flow of surface water, 2 Johns. 283; 53 Am.
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Appeal from Crittenden Circuit Court; Prank Smith, Judge; A railroad company which owns the fee of the right of way may lawfully erect a solid embankment,- although the result is to stop the flow of surface water. 31 Am. R. 216; 35 Me. 200; 141 Mass. 174; 38 A-m. R. 754; Id. 139; 41 Minn. 384. A cana'l company, acting under authority of the Legislature, is not liable for damages for cutting off the flow of surface water, 2 Johns. 283; 53 Am. R. 581; 21 L. R. A. 593. The action was barred by the statute of limitations. 52 Ark. 240; 62 Ark. 360; 35 Ark. 622; 86 Ark. 406; 20 L. R. A. (N. S.)…
1Opinion of the CourtMcCulloch, C. J.
This is an action at law instituted on April 1, 1908, by Chas. G. Barton and another, partners as Barton Brothers, against Board of Directors of St. Francis Levee District, to recover damages alleged to have been sustained by reason of the construction of a solid -embankment across certain lakes and bayous, thereby obstructing the lakes so as to -cause water to be impounded in said lakes and bayous, eventually overflowing lands cultivated by plaintiffs. They alleged in substance that they own a lease for term of years (including the years 1906 and 1907) on a farm in Crittenden -County,…
2Cases cited10 opinions
- St. Louis, Iron Mountain & Southern Railway v. BiggsSupreme Court of Arkansas · 1889
- Fowle v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1871
- C. B. U. P. Rld. Co. v. TwineSupreme Court of Kansas · 1880
- St. Louis, Iron Mountain & Southern Railway Co. v. AndersonSupreme Court of Arkansas · 1896
- St. L., I. M. & S. Railway Co. v. MorrisSupreme Court of Arkansas · 1880
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3Cited by16 opinions
- Missouri Pac. R.R. Co., Thompson, Trustee v. McGuireSupreme Court of Arkansas · 1943
- Chicago, Rock Island & Pacific Railway Co. v. HumphreysSupreme Court of Arkansas · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. MagnessSupreme Court of Arkansas · 1909
- Greasy Slough Outing Club, Inc. v. AmickSupreme Court of Arkansas · 1954
- Road District No. 6 v. HallSupreme Court of Arkansas · 1919
11 more not listed; retrieve them via the Exa API.