Little Rock & Fort Smith Railway Co. v. Alister
Supreme Court of Arkansas
Appeal from Franklin Circuit Court, Ozark District. Jephtha H. Evans, Judge. STATEMENT BY THE COURT. The petition in this case was filed by the railway company for the purpose of condemning a right of way 100 feet wide through section 24, township 9 north, range 26 west, in the county of Franklin. All proper allegations were made and exhibits attached necessary to entitle the plaintiff to have said land condemned.
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Appeal from Franklin Circuit Court, Ozark District. Jephtha H. Evans, Judge. STATEMENT BY THE COURT. The petition in this case was filed by the railway company for the purpose of condemning a right of way 100 feet wide through section 24, township 9 north, range 26 west, in the county of Franklin. All proper allegations were made and exhibits attached necessary to entitle the plaintiff to have said land condemned. The circuit judge ordered a deposit of $20 to be made, to the end that work might begin at once. No answer or reply to the petition was filed by defendants, but on September 27,…
1Opinion of the Court
Hughes, J.,
(after stating the facts). It will be seen from the evidence in this case that, at the time this cause was tried, the Ouita Coal Company had a lease on the coal mines to which the railway company condemned the right of way, and that the lease had twelve years to run. It will be observed also that the value of the land taken was only thirty dollars, and that the damages above this amount were for alleged injury to the mines. The lessees were not made parties to the proceeding, though they ought to have been. It will also be perceived that the evidence was directed to the damage done…
2Cited by7 opinions
- State ex rel. Long v. Superior CourtWashington Supreme Court · 1914
- Farmers Equipment Company v. MillerSupreme Court of Arkansas · 1972
- Arkansas State Highway Commission v. OrmondSupreme Court of Arkansas · 1969
- Hare v. Fort Smith & Western RailroadSupreme Court of Arkansas · 1912
- Ark. State Highway Commn. v. SteedSupreme Court of Arkansas · 1967
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