St. Louis, Iron Mountain & Southern Railway Co. v. Petty
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District. P. A. Youmans, Special Judg-e. STATEMENT BY THE COURT. This is an action by the St. Louis, Iron Mountain & Southern Railway Company ag-ainst Bnoch Y. Petty, to condemn land for the purpose of constructing- a side track.
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Appeal from Sebastian Circuit Court, Greenwood District. P. A. Youmans, Special Judg-e. STATEMENT BY THE COURT. This is an action by the St. Louis, Iron Mountain & Southern Railway Company ag-ainst Bnoch Y. Petty, to condemn land for the purpose of constructing- a side track. The company filed its petition for condemnation, alleging-, among-st other thing's, that, by virtue of a consolidation with the Cairo and Pulton Railroad Company, it became vested with all the rig-hts and powers g-iven to said Cairo and Pulton Railroad Company in its charter; that it became vested with the right to build…
1Opinion of the Court
Riddick, J.,
(after stating- the facts.) There is only one question presented for our consideration in this case: Did the resolution of the board of directors of the appellant company, read in evidence and passed by said board in 1887, authorize the construction of the branch line of railroad for which the land of Petty is asked to be condemned? The learned special judge held that it did not, and that there was no authority to bring this suit until given by the subsequent resolution of said board of directors, passed in 1890, after the commencement of this action. The question relates to the…
2Cases cited1 opinion
- Railway Co. v. PettySupreme Court of Arkansas · 1893
3Cited by7 opinions
- Lowe v. HartSupreme Court of Arkansas · 1910
- Williams v. St. Louis & San Francisco RailroadSupreme Court of Arkansas · 1912
- Jones v. LewisSupreme Court of Arkansas · 1909
- McDonnell v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1911
- Stanley v. Calico Rock Ice & Electric Co.Supreme Court of Arkansas · 1947
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