Cook v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT: By an act of the Legislature the St. Louis, Iron Mountain & Southern Railway Company was required to build a steel or iron viaduct over its tracks along and upon College Street in the city of Texarkana to a point not to exceed 300 feet south of its right-of-way, and the city of Texarkana and the railway company were required to pay the abutting property owners all damages that might accrue to…
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Appeal from Miller Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT: By an act of the Legislature the St. Louis, Iron Mountain & Southern Railway Company was required to build a steel or iron viaduct over its tracks along and upon College Street in the city of Texarkana to a point not to exceed 300 feet south of its right-of-way, and the city of Texarkana and the railway company were required to pay the abutting property owners all damages that might accrue to them by reason of the construction of the viaduct. The appellants were each, separately, the owners of property abutting…
1Opinion of the Court
Wood, J.,
(after stating the facts). The court erred in holding that appellants were estopped by their conductifrom maintaining their suits against the appellees. The fact that appellants knew, after the railway company had commenced to construct the viaduct, that the same was not being constructed according to the original plans and specifications and made no protest was not sufficient to estop appellants. The railway company did not act upon any conduct on the part of the appellants, and was not in any way misled by anything that the appellants did or failed to do and not induced thereby to…
2Cases cited5 opinions
- Hot Springs R. R. v. WilliamsonSupreme Court of Arkansas · 1885
- Rhodes v. CisselSupreme Court of Arkansas · 1907
- Fox v. DrewrySupreme Court of Arkansas · 1896
- Little Rock & Fort Smith Railway Co. v. GreerSupreme Court of Arkansas · 1906
- Warren & Ouachita Valley Railroad v. GarrisonSupreme Court of Arkansas · 1905
3Cited by3 opinions
- Ashley, Drew & Northern Railway Co. v. GulledgeSupreme Court of Arkansas · 1915
- Hall v. BushSupreme Court of Arkansas · 1917
- Stewart Oil Co. v. BryantSupreme Court of Arkansas · 1922