Little Rock & Fort Smith Railway Co. v. Chapman
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Hon. J. W. Martin, Circuit Judge. 1. Defendant not liable for obstructing the flow of water across its lands, unless it be a natural stream, flowing within defined limits.
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APPEAL from Pulaski Circuit Court. Hon. J. W. Martin, Circuit Judge. 1. Defendant not liable for obstructing the flow of water across its lands, unless it be a natural stream, flowing within defined limits. Washburn on Easements and Servitude {3d ed.), p. 355, 3 a, et seq.; Angelí on Water Courses, sec. 108; Addison on Torts, 105; Cooley on Torts, 574; Hilliard on Torts, 584; Taylor v. Fakus, 64 Ind., 167; Schlichter v. Phil-lippy, 67 Ind., 201; Cannon v. Haryadon, 10 Allen, 105; 6 Railway Age, p. 423; 6 ib., 407. 2. There was no such natural flow of water as to render defendant liable.…
1Opinion of the CourtEakin, J.
This is a suit of two minors, by their father ' and next friend, Chapman. They were the owners of a half block, consisting of six lots, in the' town of Argenta, situated in a low flat of ground, running with the course of the Arkansas River, between g. higher bank along the river margin and the higher table-land behind. The defendant railroad had run its track across this low ground upon a slightly elevated embankment, leaving a connection between the two sides for the passage of water, of only two drain tiles about twelve or fourteen inches in diameter. The embankment passed near by and…
2Cases cited5 opinions
- Gillham v. Madison County RailroadIllinois Supreme Court · 1869
- Ex parte PritzSupreme Court of Iowa · 1859
- Porter v. DurhamSupreme Court of North Carolina · 1876
- Ross v. City of ClintonSupreme Court of Iowa · 1877
- City of Aurora v. LoveIllinois Supreme Court · 1879
3Cited by34 opinions
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- Ohio & Mississippi Railway Co. v. ThillmanIllinois Supreme Court · 1892
- Cockrill v. CooperCourt of Appeals for the Eighth Circuit · 1898
- McCoy v. Board of DirectorsSupreme Court of Arkansas · 1910
- Anderson v. Inter-River Drainage & Levee DistrictSupreme Court of Missouri · 1925
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