Red v. Little Rock Railway & Electric Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Guy'Fulk, Judge; The use by a city of the natural surface of a street, especially where the abutting property has been improved to conform thereto, is tantamount to the (adoption of the natural surface as the grade line. 104 Ark. 136; 35 L. R. A. 852; '28 Montana 27. Where a change of grade from the established one is made so as to damage abutting property, the city is liable to the owner for such damages.
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Appeal from Pulaski Circuit Court, Second Division; Guy'Fulk, Judge; The use by a city of the natural surface of a street, especially where the abutting property has been improved to conform thereto, is tantamount to the (adoption of the natural surface as the grade line. 104 Ark. 136; 35 L. R. A. 852; '28 Montana 27. Where a change of grade from the established one is made so as to damage abutting property, the city is liable to the owner for such damages. Art. 2, Sec. 22, Const.; 45 Ark. 429; 98 Ark. 206; 104 Ark. 136; 89 Ala. 182; 43 W. Ya. 62; 3 Tex. Civ. App. 537; 83 Tex. 239; 7 Tex.…
1Opinion of the CourtSmith, J.
This is a suit brought by appellant against appellees for damages alleged to have -been sustained, as a result of the change of grade in the street, in front of property owned by him.
Demurrers were filed by each of the appellees on the ground that the complaint did not state facts sufficient to constitute a cause of action, -and the demurrers were sustained toy the court below.
The complaint alleged ownership of a lot situated on the southwest corner of the crossing of .Sixteenth and May streets in the city of Little Rock. That the defendant street oar company procured to be passed by the city…
2Cases cited2 opinions
- Dickerson v. OkolonaSupreme Court of Arkansas · 1911
- Hot Springs v. CurrySupreme Court of Arkansas · 1897
3Cited by5 opinions
- Kirk v. Pulaski Road Improvement District No. 10Supreme Court of Arkansas · 1926
- Hot Spring County v. BowmanSupreme Court of Arkansas · 1958
- Sponenbarger v. United StatesDistrict Court, E.D. Arkansas · 1937
- Van Buren v. SmithSupreme Court of Arkansas · 1927
- Kirk v. Pulaski Road Improvement District No. 10Supreme Court of Arkansas · 1926