L. R., Miss. R. & Texas Railway Co. v. Allen
Supreme Court of Arkansas
APPEAL from Drew circuit court. Hon. T. F. Sorrells, Circuit Judge. “ Speculative damages, or damages which may be supposed to result as a consequence of locating and operating a railroad within a hundred feet or such a matter to the house ■of defendant, cannot be taken into account iu estimating ■damage, etc.”
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APPEAL from Drew circuit court. Hon. T. F. Sorrells, Circuit Judge. “ Speculative damages, or damages which may be supposed to result as a consequence of locating and operating a railroad within a hundred feet or such a matter to the house ■of defendant, cannot be taken into account iu estimating ■damage, etc.” Mills on Eminent Domain, pp. 158-9. The substance of the fourth instruction of the respondent, which was objected to, is as follows : “ The jury may consider the effect the railway will have in decreasing the value of the lands for gardening purposes — for the building of stables and…
1Opinion of the CourtSmith, J.
The railway company filed its petition to have he damages assessed for its appropriation of the right of way arcoss a lot in the town of Monticello, alleging that the damage did not exceed $125. The lot owner answered the petition, and claimed that he was damaged to the amount of $500.
The dimensions of the lot were one hundred and fifty feet in front and running back at right angles three hundred and five feet. Through its whole extent, from east to west, the railroad was located. The land actually appropriated was a strip sixty feet in length and in width one hundred and fifty feet. But the…
2Cited by21 opinions
- St. Louis, El Reno & Western Railway Co. v. OliverSupreme Court of Oklahoma · 1906
- Baucum v. Arkansas Power & Light Co.Supreme Court of Arkansas · 1929
- St. Louis, Iron Mountain & Southern Railway Co. v. Theodore Maxfield Co.Supreme Court of Arkansas · 1910
- Ark. State Highway Commission v. FoxSupreme Court of Arkansas · 1959
- Pulaski County v. HortonSupreme Court of Arkansas · 1955
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