St. Louis, Iron Mountain & Southern Railway Co. v. Hoshall
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; Hance N. Hutton,, Judge; statement by the court. Appellee alleged in her complaint that appellant had negligently allowed a trestle under its track, which was the natural drainage for water from a creek running through appellee’s land, to fill up, diverting the creek from its natural course, and causing it to pass over appellee’s land; that 60 acres of appellee’s land were thus overflowed and the value thereof diminished by the washing…
Read the full summary
Appeal from St. Francis Circuit Court; Hance N. Hutton,, Judge; statement by the court. Appellee alleged in her complaint that appellant had negligently allowed a trestle under its track, which was the natural drainage for water from a creek running through appellee’s land, to fill up, diverting the creek from its natural course, and causing it to pass over appellee’s land; that 60 acres of appellee’s land were thus overflowed and the value thereof diminished by the washing away of the soil; and that by reason of such overflow the crops were totally or partially destroyed, all to her damage…
1Opinion of the Court
Wood, J.,
(after stating the facts.) Three special propositions are urged by appellant to reverse the judgment.
First, that the evidence shows that the damage to appellee’s land and crops caused by the overflow of which appellee com plains was not the result of the negligence of appellant in allowing the trestle under its trade to fill up, as alleged, but that the primary and proximate cause of appellee’s injury and damage was the filling up of the natural outlets for the water below appellant’s trestle; that the natural drainage for the water below the trestle was first obstructed through the…
2Cases cited11 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. PritchettSupreme Court of Arkansas · 1898
- St. Louis, Iron Mountain & Southern Railway Co. v. BarnettSupreme Court of Arkansas · 1898
- Railway Co. v. YarboroughSupreme Court of Arkansas · 1892
- Railway Co. v. LymanSupreme Court of Arkansas · 1893
- St. Louis, Iron Mountain & Southern Railway Co. v. SparksSupreme Court of Arkansas · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Dickerson Const. Co., Inc. v. DozierSupreme Court of Arkansas · 1979
- Chicago, Rock Island & Pacific Railway Co. v. HumphreysSupreme Court of Arkansas · 1913
- Turner v. OvertonSupreme Court of Arkansas · 1908
- Chicago, R. I. & P. Ry. Co. v. DavisSupreme Court of Oklahoma · 1910
- Timothy J. Foohey Dredging Co. v. MabinSupreme Court of Arkansas · 1915
5 more not listed; retrieve them via the Exa API.