City of Memphis v. Board of Directors of St. Francis Levee Dist.
District Court, E.D. Arkansas
At Law. Action by the City of Memphis, Tenn., against the Board of Directors of the St. Francis Levee District and others. On demurrer to the complaint.
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At Law. Action by the City of Memphis, Tenn., against the Board of Directors of the St. Francis Levee District and others. On demurrer to the complaint. The plaintiff, a municipal corporation of the state of Tennessee, lying on the east bank of the Mississippi river, brings this suit against the defendants, the board of directors of the St. Francis levee district, the Kansas City & Memphis-Railway & Bridge Company, the St. Louis, Iron Mountain & Southern Railway Company, and the St. Louis & San Francisco Railroad Company, to recover 82,000,000 damages, alleged to have been sustained by it by…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). All the defendants assign as grounds of demurrer that the allegations in the complaint do not state a cause for action, and also that the complaint shows on its face that, if there ever was a cause of action, it is barred by the statute of limitations of the state of Arkansas.
The.general statute of, limitations of the state of Arkansas, upon which the defendant railroad companies rely, is the' three-year statute. Section 5064, Kirby’s Digest of the Statutes of Arkansas.
The statute of limitations which the levee district pleads is that of one year, under the…
2Cases cited23 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Scheffer v. Railroad Co.Supreme Court of the United States · 1882
- Hartford Fire Insurance v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1899
- Chicot County v. SherwoodSupreme Court of the United States · 1893
- Burt v. Advertiser Newspaper Co.Massachusetts Supreme Judicial Court · 1891
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3Cited by3 opinions
- Davis v. SchroederCourt of Appeals for the Eighth Circuit · 1923
- Graham v. EnglemannDistrict Court, S.D. Texas · 1920
- Woodyard v. American Cyanamid Co.District Court, E.D. Arkansas · 1955