Russell v. Board of Directors
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. Appellants were the owners of certain lands situated in Lafayette County, Arkansas, and brought suit against the appellee levee district for damages alleged to have been done these lands by the construction of its levee.
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Appeal from Lafayette Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. Appellants were the owners of certain lands situated in Lafayette County, Arkansas, and brought suit against the appellee levee district for damages alleged to have been done these lands by the construction of its levee. The- levee district was organized under the act of the General Assembly of this State of March 16,1905, and, according to the allegations of the complaint, had, without condemnation or other legal proceedings, entered upon and appropriated a certain part of appellants ’ land, amounting to…
1Opinion of the Court
Smith, J.,
(after stating the facts). There can be no question about the permanency of' this levee. It is true the levee which was built in 1907 gave way in 1908, but the following year saw the levee enlarged and strengthened, and appellants can not plead their incredulity in the face of these physical facts.. That damage would result from the construction of this levee was certain, and appellants had seen before the first break in the levee the certainty of damage and the approximate nature and extent of this damage. The damage was original and the cause of action therefor arose immediately…
2Cases cited1 opinion
- Board of Directors of St. Francis Levee District v. BartonSupreme Court of Arkansas · 1909
3Cited by3 opinions
- Young v. Red Fork Levee DistrictSupreme Court of Arkansas · 1916
- Laprairie v. City of Hot SpringsSupreme Court of Arkansas · 1916
- City of Memphis v. Board of Directors of St. Francis Levee Dist.District Court, E.D. Arkansas · 1916