St. Louis, Iron Mountain & Southern Railway Co. v. Stevenson
Supreme Court of Arkansas
Appeal from Lee Circuit Court; J. M. Jackson, Judge; 1. Brandon and Ms successors are charged with full knowledge of all the rights the grantee, in the deed and his successors had thereunder. Actual possession is notice. 76 Ark. 25-27; 107 Ark. 319. The deed vested the right of way, fixed by statute at six rods. 99 Ark. 61 ; Kirby’s Digest, § 2903. A right of way is fixed by statute at six rods wide.
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Appeal from Lee Circuit Court; J. M. Jackson, Judge; 1. Brandon and Ms successors are charged with full knowledge of all the rights the grantee, in the deed and his successors had thereunder. Actual possession is notice. 76 Ark. 25-27; 107 Ark. 319. The deed vested the right of way, fixed by statute at six rods. 99 Ark. 61 ; Kirby’s Digest, § 2903. A right of way is fixed by statute at six rods wide. Id. § 2940, 65-72; 69 Ark. 104; 99 Id. 61. Hence the company had a right of way 99 feet wide and had the right to take and use a strip that wide at any time. 69 Ark. 104; 80 Id. 503; 84 Id. 366;…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by appellee against appellant to recover damages to the extent of the alleged value of land taken by appellant, a railway corporation, as a part of its right-of-way.- The court, sitting as a jury, found in appellee’s favor and awarded damages in the sum of $100.00, the amount stipulated by the parties to be the value of the land in controversy.
The facts are undisputed, being set forth in an agreed statement. It appears that many years ago the railroad was constructed by appellant’s predecessor, the Iron Mountain & Helena Railway Company, through lands then owned…
2Cases cited6 opinions
- McKennon v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1901
- Hargis v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1889
- St. Louis, Iron Mountain & Southern Railway Co. v. FaisstSupreme Court of Arkansas · 1911
- Fort Wayne, Cincinnati & Louisville Railroad Co. v. SherryIndiana Supreme Court · 1890
- Vicksburg & Meridian R. R. v. BarrettMississippi Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Fulcher v. Dierks Lumber & Coal Co.Supreme Court of Arkansas · 1924
- Drainage Dist. No. 16, Miss. Cty. v. Holly RoachSupreme Court of Arkansas · 1948
- Bradley v. Arkansas Louisiana Gas Co.Supreme Court of Arkansas · 1983
- James S. Branscum & Colette R. Branscum v. John Nelson & Whitney ButtsCourt of Appeals of Arkansas · 2022
- McLaughlin v. Missouri Pacific RailroadSupreme Court of Arkansas · 1927