Little Rock, Mississippi River & Texas Railroad v. Brooks
Supreme Court of Arkansas
APPEAL from Drew Circuit Court. Hon. T. F. Sorrells, Circuit Judge. 1. The stream was not a navigable stream nor river. The Daniel Ball, 10 Wall., 568; Brown v. Ghadham, 31 Maine, 9; Morgan v. King, 35 N. T., Ip51¡.; Moore v. Ban-borne, 2 Mich., 519; Veazie v. Moon, ll^ How., 569. 2. But if navigable, the license'or grant from the State authorizing the company to build a railroad, and for that purpose erect a bridge, is a complete defense.
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APPEAL from Drew Circuit Court. Hon. T. F. Sorrells, Circuit Judge. 1. The stream was not a navigable stream nor river. The Daniel Ball, 10 Wall., 568; Brown v. Ghadham, 31 Maine, 9; Morgan v. King, 35 N. T., Ip51¡.; Moore v. Ban-borne, 2 Mich., 519; Veazie v. Moon, ll^ How., 569. 2. But if navigable, the license'or grant from the State authorizing the company to build a railroad, and for that purpose erect a bridge, is a complete defense. Gilman v. Philadelphia, 3 Wall., 724; III. B. B. Go. v. Peoria B. Co., 38 111., 467; Wilson v. B. C. M. Co., 2 Peters, 245; Houck on Bivers, pp. 128-9-30;…
1Opinion of the Court
STATEMENT.
Eakin, J.
Appellees, partners in the stave business, upon Bayon Bartholomew, brought this suit at law against the railroad company, for damages sustained by them in May, 1879, from an obstruction of the navigation of the bayou, caused by the piers of the railroad bridge. Timbers put up to strengthen the piers had so contracted the passage, that a barge of plaintiffs’, loaded with staves could not pass on its way down to market, and the delays thereby occasioned were such, that, from the fall of the water meanwhile, the boat could not proceed. The plaintiffs were compelled to unload…
2Cases cited2 opinions
- Morgan v. . KingNew York Court of Appeals · 1866
- Moore v. SanborneMichigan Supreme Court · 1853
3Cited by23 opinions
- United States v. CressSupreme Court of the United States · 1917
- Harrison v. FiteCourt of Appeals for the Eighth Circuit · 1906
- Barboro v. BoyleSupreme Court of Arkansas · 1915
- North American Dredging Co. v. MintzerCourt of Appeals for the Ninth Circuit · 1917
- McKinney v. NorthcuttMissouri Court of Appeals · 1905
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