Baker v. Allen
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District. Bichard H. Powell, Judge. STATEMENT BY THE COURT. J. F. Allen owned a tract of land in Independence county adjoining a tract owned ' by B. L. Baker. Baker’s’ tract lay south of Allen’s land. Both tracts were nearly level bottom lands, subject at times to overflow from White river. A swale or slight depression extended across a portion of Allen’s land, and also across Baker’s land.
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Appeal from Lawrence Circuit Court, Eastern District. Bichard H. Powell, Judge. STATEMENT BY THE COURT. J. F. Allen owned a tract of land in Independence county adjoining a tract owned ' by B. L. Baker. Baker’s’ tract lay south of Allen’s land. Both tracts were nearly level bottom lands, subject at times to overflow from White river. A swale or slight depression extended across a portion of Allen’s land, and also across Baker’s land. There was no creek or stream, but the surface water from a portion of Allen’s land, and also from other lands lying above Allen’s lands, drained off along this…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) This is an action to recover damages for the obstruction of the natural flow of surface water, caused by the construction of a levee across a swale or depression which extended across the lands of both plaintiff and defendant, and along which the surface water passed in times of rain and melting snow. These lands, at rare intervals, were subject to overflow from White river, but it was not shown that the levee caused injury by holding back the flood waters which came from the river. The injury, if any, arose from the obstruction of ordinary surface water…
2Cases cited4 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Little Rock & Fort Smith Railway Co. v. ChapmanSupreme Court of Arkansas · 1882
- Haizlip v. RosenbergSupreme Court of Arkansas · 1897
3Cited by16 opinions
- McCoy v. Board of DirectorsSupreme Court of Arkansas · 1910
- Anderson v. Inter-River Drainage & Levee DistrictSupreme Court of Missouri · 1925
- Turner v. SmithSupreme Court of Arkansas · 1950
- Hume v. City of Des MoinesSupreme Court of Iowa · 1910
- Sigler v. Inter-River Drainage DistrictSupreme Court of Missouri · 1925
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