North Arkansas & Western Railway Co. v. Cole
Supreme Court of Arkansas
Appeal from Washington Circuit. Court. James M. Pittman, Judge. STATEMENT BY THE COURT. Action by North Arkansas & Western Railway Company to condemn a right of way across land owned by John and May Cole, and to have the damages caused by the taking of the right of way and the construction of the railroad assessed. On the trial the jury assessed the damages at the sum of $1,976. The court gave judgment for that sum, and the company appealed.
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Appeal from Washington Circuit. Court. James M. Pittman, Judge. STATEMENT BY THE COURT. Action by North Arkansas & Western Railway Company to condemn a right of way across land owned by John and May Cole, and to have the damages caused by the taking of the right of way and the construction of the railroad assessed. On the trial the jury assessed the damages at the sum of $1,976. The court gave judgment for that sum, and the company appealed. It was error to allow a juror to sit who had married the sister of the daughter-in-law of one of the parties. Sand. & H. Dig., § 4256. Cf. 12 Ark. 657;…
1Opinion of the Court
Riddick, J.,
(after stating the facts). This is an appeal by a railway company from a judgment for damages for a right of way across a farm of 350 acres. It is not denied that the company had the right to condemn or that there is evidence to sustain the judgment, but the company saved exceptions to certain rulings of the presiding judge at the trial, and seeks a reversal of the judgment on the ground that these rulings were erroneous and prejudicial.
The first contention is that the court erred in not sustaining the objections of the company to juror Moulden. The half sister of Moulden’s wife…
2Cases cited6 opinions
- Davis v. RailwaySupreme Court of Arkansas · 1890
- Pacific Mutual Life Insurance v. WalkerSupreme Court of Arkansas · 1899
- White v. McCrackenSupreme Court of Arkansas · 1895
- Pingery v. Cherokee & Dakota Railway Co.Supreme Court of Iowa · 1889
- Cedar Rapids, Iowa Falls & Northwestern Railway Co. v. RaymondSupreme Court of Minnesota · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Byler v. StateSupreme Court of Arkansas · 1946
- Carton v. Missouri Pacific RailroadSupreme Court of Arkansas · 1993
- St. Louis, Iron Mountain & Southern Railway Co. v. SmithSupreme Court of Arkansas · 1907
- Southern Farm Bureau Casualty Insurance v. DaggettSupreme Court of Arkansas · 2003
- Criminal Injuries Compensation Board v. RemsonCourt of Appeals of Maryland · 1978
5 more not listed; retrieve them via the Exa API.