Wood v. Drainage District No. 2
Supreme Court of Arkansas
Appeal from Comvay Circuit Court; Hugh Basham, Judge; This case is different from 94 Art. 380, where it was held that improvement districts were exempt from' liability for personal injuries. Here we have a ease of invasion; taking and damaging private property for public use without compensation. The right' of property is before and higher than any constitutional sanction * * * and can not be appropriated or damaged without just compensation.
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Appeal from Comvay Circuit Court; Hugh Basham, Judge; This case is different from 94 Art. 380, where it was held that improvement districts were exempt from' liability for personal injuries. Here we have a ease of invasion; taking and damaging private property for public use without compensation. The right' of property is before and higher than any constitutional sanction * * * and can not be appropriated or damaged without just compensation. Constitution, art. 2, § 22; 11 Am. Rep. 352; 102 Am. St. 881; 65 Am. Dec. 680; 93 Id. 766; 81 Pa. 355; 61 L. R. A. 837; 99 U. S. 635; 75 Mo. 213; 94 Am.…
1Opinion of the CourtHart, J.
W. L. Wood and Prank Pryor instituted' this action in the circuit court against Drainage District No. 2, of Conway County, Arkansas, T. C. Hervey, J. S. Moose and T. J. Kissire, commissioners of said district, Napanee Drainage Company and Frank Reed. The complaint alleges that W. L. Wood is the owner of cultivated lands situated within said district, and that during the year 1912, Frank Pryor, as his tenant, undertook to raise a crop of corn and cotton on said land. The complaint further alleges:
“That on the..............................day of.........................................., 1910,…
2Cases cited5 opinions
- Newgass v. Railway Co.Supreme Court of Arkansas · 1891
- Board of Improvement of Sewer District Number 2 v. MorelandSupreme Court of Arkansas · 1910
- Nugent v. Board of Mississippi Levee CommissionersMississippi Supreme Court · 1880
- Hensley v. Reclamation District No. 556California Supreme Court · 1898
- Southern Orchard Planting Co. v. GoreSupreme Court of Arkansas · 1907
3Cited by38 opinions
- Kohlenberger, Inc. v. Tyson's Foods, Inc.Supreme Court of Arkansas · 1974
- Arundel Corp. v. GriffinSupreme Court of Florida · 1925
- Jones v. Sewer Improvement District No. 3Supreme Court of Arkansas · 1915
- Chiles v. Fort Smith Commission Co.Supreme Court of Arkansas · 1919
- City of El Dorado v. ScruggsSupreme Court of Arkansas · 1914
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