Mountain Park Terminal Railway Co. v. Field
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Edward W. Winfield, Judge. Under sections 6545-6 of Kirby’s Digest, the sole power of determining whether a particular railroad will be for'the benefit of the public is vested in the board of railroad incorporation, and its decisions thereon are final and conclusive. The answer of defendants should haye been stricken from the files.
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Appeal from Pulaski Circuit Court. Edward W. Winfield, Judge. Under sections 6545-6 of Kirby’s Digest, the sole power of determining whether a particular railroad will be for'the benefit of the public is vested in the board of railroad incorporation, and its decisions thereon are final and conclusive. The answer of defendants should haye been stricken from the files. See, generally, upon the right of railroad companies to take private property under condemnation proceedings, and the procedure necessary therein: Const, art. 17, § 1; lb. art. 2, § 22; lb. art. 12, § 9; lb. art. 9, § 12. The…
1Opinion of the CourtBattle, J.
On the 20th of April, 1904, Mountain Park Terminal Railway Company filed a petition for condemnation of a right of way through certain lands of W. H. Field and others. “The petition is in the usual form, alleging the incorporation of the railroad company; the route of said railroad; that its road is surveyed and located in Pulaski County; that the defendants are the owners of certain lands, which are described; that said lands are unimproved; that it has failed to obtain the right of way over the said land by an agreement with the owner thereof ,- that it is desirous of beginning work on its…
2Cases cited4 opinions
- Shoemaker v. United StatesSupreme Court of the United States · 1893
- Moore v. SanfordMassachusetts Supreme Judicial Court · 1890
- Chicago & Eastern Illinois Railroad v. WiltseIllinois Supreme Court · 1886
- Niemeyer v. Little Rock Junction RailwaySupreme Court of Arkansas · 1884
3Cited by18 opinions
- City of Little Rock v. RainesSupreme Court of Arkansas · 1967
- Sloan v. Lawrence CountySupreme Court of Arkansas · 1918
- Gilbert v. ShaverSupreme Court of Arkansas · 1909
- Ellis v. Houston & T. C. Ry. Co.Court of Appeals of Texas · 1918
- Cloth v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1910
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