St. Louis, Iron Mountain & Southern Railway Co. v. Miller
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; Eugene Lank-ford, Judge; STATEMENT OE EACTS. Appellee brought this suit against appellant to recover damages on account of his land being caused to overflow by the appellant digging a ditch near his land for the purpose of draining its road bed.
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Appeal from Lonoke Circuit Court; Eugene Lank-ford, Judge; STATEMENT OE EACTS. Appellee brought this suit against appellant to recover damages on account of his land being caused to overflow by the appellant digging a ditch near his land for the purpose of draining its road bed. The facts as adduced by appellee are substantially as follows: In the year 1910 the appellant, seeking an outlet for the water that accumulated near its right-of-way dug a ditch parallel with its line of railroad for a distance of about five miles. The railroad ran north and south. Appellant then dug a lateral ditch…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is conceded that the digging of the ditch diverted the water from its usual and ordinary course and collected it in a body and cast it in greater volume into the bayou, thereby overflowing appellee’s land, and that whatever injuries were done to appellee’s land were apparent from the time the ditch was constructed; and were permanent injuries to his land.
In such cases the measure of damages is the difference between the market value of the land before and after the construction of the ditch. St. L. I. M. & S. Ry. Co. v. Morris, 35 Ark. 622; St. L. I. M.…
2Cases cited2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. MagnessSupreme Court of Arkansas · 1909
- St. L., I. M. & S. Railway Co. v. MorrisSupreme Court of Arkansas · 1880
3Cited by3 opinions
- Missouri Pac. R.R. Co., Thompson, Trustee v. McGuireSupreme Court of Arkansas · 1943
- Ayer-Lord Tie Company v. PuckettSupreme Court of Arkansas · 1925
- Brouwer v. StephensCourt of Appeals of Arkansas · 1983