Kansas City Southern Railway Co. v. Greer
Supreme Court of Arkansas
Appeal from Sevier Circuit Court; James.S. Steel, Judge; statement by ti-ie court. The complaint alleged that the appellant operated a railroad through the land of plaintiff described as follows: S. E. Ya N. E. Ya sec. 2, Tp. 10 S., R. 32 west, except ten acres cut off west side thereof, also as follows: Beginning at the S. E. corner of N. W. Y N. W. J4 sec. 1, Tp. 10 S., R. 32 west, thence west 15 chains and 50 links, thence north 6 chains and 50 links, thence east 15…
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Appeal from Sevier Circuit Court; James.S. Steel, Judge; statement by ti-ie court. The complaint alleged that the appellant operated a railroad through the land of plaintiff described as follows: S. E. Ya N. E. Ya sec. 2, Tp. 10 S., R. 32 west, except ten acres cut off west side thereof, also as follows: Beginning at the S. E. corner of N. W. Y N. W. J4 sec. 1, Tp. 10 S., R. 32 west, thence west 15 chains and 50 links, thence north 6 chains and 50 links, thence east 15 chains -and 50 links, thence south 6 chains and 50 links, situated in Sevier County, Arkansas. That appellant permitted its…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. Section 6644 of Kirby’s Digest provides: “It shall be the duty of all railroad companies organized under the laws of this State, which have constructed, or may hereafter construct, a railroad which may pass through or upon any inclosed lands of another, whether such lands were inclosed at the time of the construction of said railroad or were inclosed thereafter, upon receiving ten days’’ notice in writing from the owner of said lands, to construct suitable and safe stockguards on either side of said inclosure where said railroads enter said inclosure and…
2Cases cited6 opinions
- Ferguson v. CarrSupreme Court of Arkansas · 1908
- Choctaw & Memphis Railroad v. GosetSupreme Court of Arkansas · 1902
- Choctaw & Memphis Railway Co. v. VosburgSupreme Court of Arkansas · 1903
- St. Louis, Memphis & Southeastern Railway Co. v. BusickSupreme Court of Arkansas · 1905
- Kansas City, Pittsburg & Gulf Railway Co. v. PirtleSupreme Court of Arkansas · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lumbermen's Trust Co. v. Title Ins. & Inv. Co. of TacomaCourt of Appeals for the Ninth Circuit · 1918
- Tays v. JohnsonSupreme Court of Arkansas · 1927
- Tays v. JohnsonSupreme Court of Arkansas · 1927