St. Louis, Iron Mountain & Southern Railway Co. v. Anderson
Supreme Court of Arkansas
Appeal from Jackson Circuit Court. Samuel Peete, Special Judge. On June 19, 1894, Ida P. Anderson and others filed their suit against the St. Uouis, Iron Mountain & Southern Railway Company, alleging that they were the lessees in possession of the old Patterson place, lying on the Batesville branch of defendant’s railway; that in the spring of 1890 the defendant caused a trestle in said branch road, and near said farm, to be closed up, thereby stopping a natural drainage of…
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Appeal from Jackson Circuit Court. Samuel Peete, Special Judge. On June 19, 1894, Ida P. Anderson and others filed their suit against the St. Uouis, Iron Mountain & Southern Railway Company, alleging that they were the lessees in possession of the old Patterson place, lying on the Batesville branch of defendant’s railway; that in the spring of 1890 the defendant caused a trestle in said branch road, and near said farm, to be closed up, thereby stopping a natural drainage of said farm; causing six acres of cotton and four acres of corn to overflow; that said overflow occurred during the year…
1Opinion of the CourtBattle, J.
1. A railroad company has no right to fill up a ditch made for the purpose of drainage over lands afterwards acquired by it for a right of way, when the person owning the Soil drained made said ditch over his own land, or had acquired the right of drainage thereby as an easement. It has no right to obstruct such drainage, but if it has occasion to cross the drain by an embankment or raised way, it is its duty to place a culvert or covered drain under it to carry off the water as before, and for a neglect to perform this duty is liable for the damages caused by the failure. Proprietors of…
2Cases cited3 opinions
- St. Louis, Iron Mountain & Southern Railway v. BiggsSupreme Court of Arkansas · 1889
- Little Rock & Fort Smith Railway Co. v. ChapmanSupreme Court of Arkansas · 1882
- St. L., I. M. & S. Railway Co. v. MorrisSupreme Court of Arkansas · 1880
3Cited by22 opinions
- Cockrill v. CooperCourt of Appeals for the Eighth Circuit · 1898
- Chicago, Rock Island & Pacific Railway Co. v. HumphreysSupreme Court of Arkansas · 1913
- St. Louis Southwestern Railway Co. v. MackeySupreme Court of Arkansas · 1910
- Board of Directors of St. Francis Levee District v. BartonSupreme Court of Arkansas · 1909
- City of Springdale v. WeathersSupreme Court of Arkansas · 1967
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