Turner v. Overton
Supreme Court of Arkansas
Appeal from Clay Circuit Court; Frank Smith, Judge; STATEMENT BY THE COURT. Appellant, W. V. Turner, was and had been, for several years prior to the institution of the present suit, the owner of a four hundred acre tract of land east of Greenway, in Clay County, of which 125 acres were cleared and cultivated in 1905. Quick Creek runs through his farm from west to east, making many meanderings therein.
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Appeal from Clay Circuit Court; Frank Smith, Judge; STATEMENT BY THE COURT. Appellant, W. V. Turner, was and had been, for several years prior to the institution of the present suit, the owner of a four hundred acre tract of land east of Greenway, in Clay County, of which 125 acres were cleared and cultivated in 1905. Quick Creek runs through his farm from west to east, making many meanderings therein. In the spring of 1902, appellees dug a ditch 2,066 feet long along the section lines above appellant’s farm for the purpose of straightening 'the channel of the creek. When first completed, the…
1Opinion of the Court
Hart, J.,
(after stating the facts). The appellees have pleaded the statute of limitations of three years in bar of this action. The suit was commenced on the 23d day of December, 1905, and the undisputed testimony shows that the ditch complained of was constructed during the spring of 1902.
In the case of St. Louis, I. M. & S. Ry. Co. v. Biggs, 52 Ark. 240, the rule is stated as follows:
“Whenever the nuisance is of a permanent character, and its construction and continuance are necessarily an injury, the damage is original, and may be at once fully compensated. In such case the statute of…
2Cases cited8 opinions
- St. Louis, Iron Mountain & Southern Railway v. BiggsSupreme Court of Arkansas · 1889
- Railway Co. v. YarboroughSupreme Court of Arkansas · 1892
- St. Louis, Iron Mountain & Southern Railway Co. v. AndersonSupreme Court of Arkansas · 1896
- Railway Co. v. CookSupreme Court of Arkansas · 1893
- St. Louis Southwestern Railway Co. v. MorrisSupreme Court of Arkansas · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Chicago, Rock Island & Pacific Railway Co. v. HumphreysSupreme Court of Arkansas · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. MagnessSupreme Court of Arkansas · 1909
- Board of Directors of St. Francis Levee District v. BartonSupreme Court of Arkansas · 1909
- Chicago, R. I. & P. Ry. Co. v. DavisSupreme Court of Oklahoma · 1910
- Daniels v. BatesvilleSupreme Court of Arkansas · 1934
9 more not listed; retrieve them via the Exa API.