St. Louis, Iron Mountain & Southern Railway Co. v. Gillihan
Supreme Court of Arkansas
Appeal from Izard Circuit Court; John W. Mrrks, Judge; 1. The appellant was not responsible for the negligence or wrongful acts of an independent contractor. 53 Ark. 503; 55 Ark. 510. 2. It was error to admit testimony to establish a parol contract to fix the fences in time to make a crop. The deed could not be varied by parol evidence. 3. The court admitted improper testimony as to the value of the crop.
Read the full summary
Appeal from Izard Circuit Court; John W. Mrrks, Judge; 1. The appellant was not responsible for the negligence or wrongful acts of an independent contractor. 53 Ark. 503; 55 Ark. 510. 2. It was error to admit testimony to establish a parol contract to fix the fences in time to make a crop. The deed could not be varied by parol evidence. 3. The court admitted improper testimony as to the value of the crop. For measure of damages, see 56 Ark. 612. 1. Land outside of the right of way was taken and appropriated to the use of the appellant in the construction of its roadway ; hence the company,…
1Opinion of the CourtMcCulloch, J.
This is an action brought by W. R. Gillihan, the owner of certain lands in Izard County, to recover damages alleged to have been done to the lands by defendant railway company in constructing its road. He alleged that he conveyed to the defendant a right of way one hundred feet wide through said lands, but that afterwards defendant entered upon and took an additional strip '7% feet wide through said land; that defendant’s agents and employees took and destroyed one thousand cedar rails of the value of $100; that said agents and employees, without plaintiff’s consent, made roads through…
2Cases cited4 opinions
- Martin v. Railway Co.Supreme Court of Arkansas · 1892
- St. Louis, Iron Mountain & Southern Railway Co. v. YonleySupreme Court of Arkansas · 1890
- Railway Co. v. KnottSupreme Court of Arkansas · 1891
- White River Railway Co. v. HamiltonSupreme Court of Arkansas · 1905
3Cited by27 opinions
- Moore & Chicago Mill & Lumber Co. v. PhillipsSupreme Court of Arkansas · 1938
- Terry Dairy Co. v. ParkerSupreme Court of Arkansas · 1920
- Ozan Lumber Company v. McNeelySupreme Court of Arkansas · 1949
- Blankenship v. OverholtSupreme Court of Arkansas · 1990
- Humphries v. KendallSupreme Court of Arkansas · 1937
22 more not listed; retrieve them via the Exa API.