McAlister v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Guy FulJc, Judge on Exchange; STATEMENT BY THE COURT. Appellants brought suit against the railroad company for the penalty provided by the statute, section 6646 (as amended in 1907), 6648, Kirby’s Digest, for its failure to drain a pond of water on its right-of-way within 200 yards of his residence.
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Appeal from Clark Circuit Court; Guy FulJc, Judge on Exchange; STATEMENT BY THE COURT. Appellants brought suit against the railroad company for the penalty provided by the statute, section 6646 (as amended in 1907), 6648, Kirby’s Digest, for its failure to drain a pond of water on its right-of-way within 200 yards of his residence. The complaint alleged that the pond was created by the construction of the culvert and roadbed and that the railroad company for more than twenty days after service of notice upon it of its violation of the statute, as required, had failed and refused to drain said…
1Opinion of the Court
Kirby, J.,
(after stating the facts). The undisputed testimony shows that because of the extreme wet weather the pond could not have been drained during the twenty days after the notice was served upon the agent of the railroad company, unless at an unreasonable expense and that the work could have been begun sooner than it was if the company had been able to procure teams in the vicinity of the pond. The law makes it (section 6646, Kirby’s Digest, and Act 250 of the Acts of 1907) the duty of the railroad companies to drain their respective roadbeds, where water is caused to stand by reason of…
2Cases cited5 opinions
- Evans v. United StatesSupreme Court of the United States · 1894
- Potter v. United StatesSupreme Court of the United States · 1894
- Felton v. United StatesSupreme Court of the United States · 1877
- Spurr v. United StatesSupreme Court of the United States · 1899
- St. Louis & San Francisco Railroad v. HaleSupreme Court of Arkansas · 1907