Chicago, Rock Island & Pacific Railway Co. v. Humphreys
Supreme Court of Arkansas
Appeal from Saline Circuit Court; W. H. Evans, Judge; STATEMENT OP PACTS. On the 22nd day of February, 1912, appellees, Ella Humphreys and her husband, James Humphreys, instituted separate actions in the Saline Circuit Court against the appellant railway company for damages alleged to have resulted from exposure of appellee, Ella Humphreys, to an overflow of water from Rose Creek in the western part of the city of Little Rock.
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Appeal from Saline Circuit Court; W. H. Evans, Judge; STATEMENT OP PACTS. On the 22nd day of February, 1912, appellees, Ella Humphreys and her husband, James Humphreys, instituted separate actions in the Saline Circuit Court against the appellant railway company for damages alleged to have resulted from exposure of appellee, Ella Humphreys, to an overflow of water from Rose Creek in the western part of the city of Little Rock. The wife alleged that as a result of her exposure, she caught a cold which terminated in inflammation of the bladder, technically called cystitis, and the husband’s…
1Opinion of the Court
.Smith, J.
Without question this culvert was a permanent structure and, equally without question, it became apparent that these lots were made to overflow by the construction'of it as a part of appellant’s road. But upon consideration of the question as to the application of the statute 'of limitations to these overflow cases, the permanency of the structure or obstruction impeding the flow of water is not the controlling question. Indeed, the question can not arise unless the obstruction is of a permanent nature, but its permanency does not of itself determine whether the damages, which…
2Cases cited19 opinions
- St. Louis, Iron Mountain & Southern Railway v. BiggsSupreme Court of Arkansas · 1889
- Little Rock & Fort Smith Railway Co. v. ChapmanSupreme Court of Arkansas · 1882
- Railway Co. v. YarboroughSupreme Court of Arkansas · 1892
- Springfield & Memphis Railway v. RheaSupreme Court of Arkansas · 1884
- St. Louis, Iron Mountain & Southern Railway Co. v. MagnessSupreme Court of Arkansas · 1909
14 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Missouri Pac. R.R. Co., Thompson, Trustee v. McGuireSupreme Court of Arkansas · 1943
- Flemens v. HarrisSupreme Court of Arkansas · 1996
- Brown v. Arkansas Central Power Co.Supreme Court of Arkansas · 1927
- City of Tucson v. Apache MotorsArizona Supreme Court · 1952
- Faulkner v. HuieSupreme Court of Arkansas · 1943
21 more not listed; retrieve them via the Exa API.