Birchfield v. Diehl
Supreme Court of Arkansas
Appeal from Carroll Circuit Court, Western District; J. S. Maples, Judge; 1. The city is not liable. 27 Ark. 572; 34 Id. 105; 49 Id. 139; 52 Id. 84. But the appellee is liable. 51 Ark. 491; 63 Id. 65, 76-7; 46 Id. 209; Wood on Nuisances, vol. 1 (3 ed.), § 271, p. 343; Elliott on Roads and Streets (2 ed.), § 711, p. 771-773, §713; 29 Cye. 467, note 47; 106 A. S. R. 361; 16 Pa.
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Appeal from Carroll Circuit Court, Western District; J. S. Maples, Judge; 1. The city is not liable. 27 Ark. 572; 34 Id. 105; 49 Id. 139; 52 Id. 84. But the appellee is liable. 51 Ark. 491; 63 Id. 65, 76-7; 46 Id. 209; Wood on Nuisances, vol. 1 (3 ed.), § 271, p. 343; Elliott on Roads and Streets (2 ed.), § 711, p. 771-773, §713; 29 Cye. 467, note 47; 106 A. S. R. 361; 16 Pa. St. 463; 68 N. Y. 283; 120 N. Y. S. 768; 65 S. E. 1051; 107 Pac. 863; 134 Id. 869; 36 N. W. 561; 115 Am. St. 993; 178 Mass. 566; 60 N. E. 382; 182 Pa. St. 82; 37 Atl. 995; 25 N. Y. Supp. 246. It was error to sustain the…
1Opinion of the CourtSmith, J.
Appellant was the plaintiff in the court below, and. in his complaint alleged that on or about January 15, 1915, appellee was the owner and in the possession of certain lots situated at the corner of Owen and Spring streets in the city of Eureka Springs. That prior to said date the city of Eureka Springs had ordered sidewalks to be placed along and in front of the said lots, and that said sidewalks were required to be placed on the grade as established by said city in front of said lots.
The complaint further alleged that appellee had constructed the sidewalk to conform to the grade…
2Cases cited6 opinions
- Granger v. Pulaski CountySupreme Court of Arkansas · 1870
- Arkadelphia v. WindhamSupreme Court of Arkansas · 1886
- Collier v. Fort SmithSupreme Court of Arkansas · 1904
- Fort Smith v. YorkSupreme Court of Arkansas · 1889
- Little Rock v. FitzgeraldSupreme Court of Arkansas · 1894
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3Cited by2 opinions
- 65th Center, Inc. v. CopelandSupreme Court of Arkansas · 1992
- Holt v. TexarkanaSupreme Court of Arkansas · 1925