Lewis v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Guy Fulh, Judge; STATEMENT BY THE COURT. Appellant brought suit against the railroad company for damages to a certain block of land in the city of Little Rock, alleged to have been caused by the construction of a railroad track near it without drainage, preventing the escape of the surface water and causing it to overflow.
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Appeal from Pulaski Circuit Court, Second Division; Guy Fulh, Judge; STATEMENT BY THE COURT. Appellant brought suit against the railroad company for damages to a certain block of land in the city of Little Rock, alleged to have been caused by the construction of a railroad track near it without drainage, preventing the escape of the surface water and causing it to overflow. This suit was brought in February, 1912, and in the complaint it was alleged that in November, 1909, he had brought suit against the same company for damages for causing and allowing the surface water to overflow and stand…
1Opinion of the Court
Kibby, J.,
(after stating the facts). Appellant insists that the court erred in sustaining the plea of res adjudicata and that he should have been permitted to show the consideration of the first judgment and to recover damages for the failure thereafter to perform the agreement to drain the roadbed and prevent further damages by the obstruction of the water and overflow.
It is the policy of the law that when a cause of action has been adjudicated by a court of competent jurisdiction, it can not again be litigated between the same parties.
This court has stated the rule as follows: “A judgment…
2Cases cited13 opinions
- Williams v. SimmonsSupreme Court of Georgia · 1888
- Short v. TaylorSupreme Court of Missouri · 1897
- Edmundson v. Independent School DistrictSupreme Court of Iowa · 1896
- Logan v. Central Iron & Coal Co.Supreme Court of Alabama · 1903
- Frisby v. WithersTexas Supreme Court · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Liebendorfer v. GayleLouisiana Court of Appeal · 1969
- Fields v. JarnaginSupreme Court of Arkansas · 1947
- Wilson v. Dyess Farms, Inc.District Court, E.D. Arkansas · 1948
- Festinger v. KantorSupreme Court of Arkansas · 1981
- Festinger v. KantorSupreme Court of Arkansas · 1981