Stoutemeyer v. Sharp
Supreme Court of Arkansas
Appeal from Fulton Chancery Court; Edward D. Robertson, .Chancellor; 1. There had been no actual public use of the road for seven years. 47 Ark. 66, 431. 2. While public nuisances may be enjoined, the person must show some special injury peculiar to himself aside from and independent of the general injury to the public. I High on Inj. (3 Ed.), § 762; Wood on Nuisances (2 Ed.), § 645; 3 L. R. A. (N. S.) p. 733; 22 Tex. Civ.
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Appeal from Fulton Chancery Court; Edward D. Robertson, .Chancellor; 1. There had been no actual public use of the road for seven years. 47 Ark. 66, 431. 2. While public nuisances may be enjoined, the person must show some special injury peculiar to himself aside from and independent of the general injury to the public. I High on Inj. (3 Ed.), § 762; Wood on Nuisances (2 Ed.), § 645; 3 L. R. A. (N. S.) p. 733; 22 Tex. Civ. App. 578. 1. This was a public road by prescription. 47 Ark. 431; 50 Id. S3; 59 Id. 26; Id. 35 ; 58 Id. 494; 83 Id. 369; 40 Id. 480. 2. Plaintiff suffered injury. 35 Ark.…
1Opinion of the CourtHart, J.
On the 20th day of May, 1905, T. A. Sharp instituted this action in the Eulton Chancery Court against John B. Stoutemeyer and Jennie M. Stoutemeyer. The allegations1 of the complaint are as follow::
That more than ten years ago the Mammoth Spring Improvement & Water Power Company owned the southeast of the southwest of section 8, township 21 north, range 5 west in Fulton County, Arkansas, and laid it and other lands out in five-acre lots. That the Mammoth. Spring and Williford Road ran directly in front of appellee’s lot of five acres on the east and north of it, and that there was dedicated…
2Cases cited3 opinions
- Davies v. EpsteinSupreme Court of Arkansas · 1905
- Wellborn v. DaviesSupreme Court of Arkansas · 1882
- Draper v. MackeySupreme Court of Arkansas · 1880
3Cited by7 opinions
- Risser v. City of Little RockSupreme Court of Arkansas · 1955
- McKay v. City of EnidSupreme Court of Oklahoma · 1910
- Blanding v. City of Las VegasNevada Supreme Court · 1929
- City of Little Rock v. LinnSupreme Court of Arkansas · 1968
- Ozark Poultry Products, Inc. v. GarmanSupreme Court of Arkansas · 1971
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