Hall v. Bush
Supreme Court of Arkansas
Appeal from Garland Chancery Court; Jethro P. Henderson, Chancellor; 1. Injunction is the proper remedy and will lie in this case. The evil is a continuing one and the acts of the railroad in closing the streets both a public and a private nuisance. 77 Ark. 221. The ordinances granting the power to close up the' streets were void.
Read the full summary
Appeal from Garland Chancery Court; Jethro P. Henderson, Chancellor; 1. Injunction is the proper remedy and will lie in this case. The evil is a continuing one and the acts of the railroad in closing the streets both a public and a private nuisance. 77 Ark. 221. The ordinances granting the power to close up the' streets were void. A suit at law for damages is not an adequate remedy. 80' Ark. 489; 85 Id. 520; 91 Id. 350; 58 Id. 142; 24 Id. 102; 51 Id. 491; 68 Id. 62; 103 Id. 326. This is a plain case for equi- ‘ table intervention. 66 Árk. 40; 35 Id. 497. 2. The decision of the Railroad…
1Opinion of the CourtSmith, J.
Appellants sought, by injunction, to compel the appellee railway company to open certain streets in the city of Hot Springs at the junction of Valley Creek, Elm Creek and Olive streets, upon which the property of appellants abutted. It was alleged in the complaint, which appellants filed, that on July 7, 1914, the city of Hot Springs had passed an ordinance granting to the railway company a right-of-way over certain streets, and closing portions of these streets to public travel; that, pursuant to this ordinance, and without condemnation proceedings, the railway company had taken possession…
2Cases cited9 opinions
- Organ v. Memphis & Little Rock RailroadSupreme Court of Arkansas · 1888
- Arkadelphia Lumber Co. v. ArkadelphiaSupreme Court of Arkansas · 1892
- Reichert v. St. L. & S. Fr. Ry.Supreme Court of Arkansas · 1889
- McKennon v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1901
- Dobbs v. Town of GillettSupreme Court of Arkansas · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Weathers v. City of SpringdaleSupreme Court of Arkansas · 1965