Board of Directors of St. Francis Levee District v. Powell
Supreme Court of Arkansas
Appeal from Crittenden Circuit ‘Court; Frank Smith, Judge; 1. Where a new levee is constructed on a different route, a new right of way 'must be obtained. 80 Ark. 80. Here the location is the same. The deed gave the board a right of way and earth necessary to build the levee. 29 N. E. 974- 2. The verdict is excessive. Only one and one-fourth acres were taken. 1. The deed does not define the width of the right of way. The statute makes no provision as to how wide it shall be.
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Appeal from Crittenden Circuit ‘Court; Frank Smith, Judge; 1. Where a new levee is constructed on a different route, a new right of way 'must be obtained. 80 Ark. 80. Here the location is the same. The deed gave the board a right of way and earth necessary to build the levee. 29 N. E. 974- 2. The verdict is excessive. Only one and one-fourth acres were taken. 1. The deed does not define the width of the right of way. The statute makes no provision as to how wide it shall be. The acts of parties and surrounding circumstances must therefore be considered. 116 Ind. 356; 119 Id. 218; 42 N. W.…
1Opinion of the CourtMcCueeoch, C. J.
Plaintiff, Wm. Powell, instituted this action against the Board of Directors of St. Francis Levee District to recover damages done to his lands by taking dirt therefrom to use in the enlargement of a levee which had been previously built through the lands. It is alleged in the complaint that the levee district constructed the stretch of levee in question through the tract of land in 1895; that plaintiff’s grantor, Susan M. Sexton, executed a deed granting right of way across said land for the construction and maintenance of the levee, but that the defendant had, without authority, entered…
2Cases cited6 opinions
- Mitchell v. YoungSupreme Court of Arkansas · 1906
- North State Fire Insurance v. DillardSupreme Court of Arkansas · 1908
- Leggett v. GrimmettSupreme Court of Arkansas · 1880
- Overman v. StateSupreme Court of Arkansas · 1887
- Wadly v. LeggittSupreme Court of Arkansas · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Road District No. 6 v. HallSupreme Court of Arkansas · 1919
- Board of Directors St. Francis Levee District v. McVeySupreme Court of Arkansas · 1917