Arkansas, Louisiana & Gulf Railway Co. v. Kennedy
Supreme Court of Arkansas
Appeal from Ashley Circuit Court; T. B. Mears, Special Judge; Witnesses should have been permitted to testify as to the improvement from the drainage of the property, and the jury should have been instructed according to such evidence. 41 Ark. 430; 44 Id. 258; 51 Id. 324; 54 Id. 140. When the bill of exceptions fails to show that it contains all the instructions given below, this court will presume that the instructions given covered the law of the case. 46 Ark. 207; 74 Id.…
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Appeal from Ashley Circuit Court; T. B. Mears, Special Judge; Witnesses should have been permitted to testify as to the improvement from the drainage of the property, and the jury should have been instructed according to such evidence. 41 Ark. 430; 44 Id. 258; 51 Id. 324; 54 Id. 140. When the bill of exceptions fails to show that it contains all the instructions given below, this court will presume that the instructions given covered the law of the case. 46 Ark. 207; 74 Id. 88; 76 Id. 177. And when embodied in the bill of exceptions, appellant must abstract them in his brief. 55 Ark. 5483 79…
1Opinion of the CourtMcCueloci-i, J.
This is a proceeding instituted by appellant railway company in the circuit court of Ashley County against appellee to condemn, for railroad purposes, a strip through a lot in the town of Hamburg.
The jury returned a verdict assessing appellee’s damage at the sum of $600, and the railway company appealed.
The chief argument of learned counsel for appellant is that the damages were assessed at a grossly excessive amount.
The testimony was conflicting, and consisted mainly of the opinion of a number of witnesses who professed familiarity with the land in question and its market value. It is…
2Cases cited2 opinions
- Arkadelphia Lumber Co. v. AsmanSupreme Court of Arkansas · 1904
- J. F. Hartin Commission Co. v. PeltSupreme Court of Arkansas · 1905
3Cited by2 opinions
- Ward v. StateSupreme Court of Arkansas · 1918
- Wade v. StateCourt of Appeals of Arkansas · 1980