St. Louis, Iron Mountain & Southern Railway Co. v. Faisst
Supreme Court of Arkansas
Appeal from Saline Circuit Court; W. H. Bvans, Tudge; The court erred in submitting to the jury the question of the right of condemnation or the necessity therefor, instead of submitting only the question of the assessment of damages.
Read the full summary
Appeal from Saline Circuit Court; W. H. Bvans, Tudge; The court erred in submitting to the jury the question of the right of condemnation or the necessity therefor, instead of submitting only the question of the assessment of damages. Plaintiff having filed no answer to the cross-complaint, it should have been taken as confessed. 8 Ark. 279; 71 Ark. 364; 74 Id. 104; Const, art. 2, § 22, art, 12, § 9; Kirby’s Dig. § § 2938, 2939, 2947, 2952; 76 Ark. 239; 43 Id. hi ; 45 Id. 278; 78 Id. 83; 59 Id. 171. Failure to answer a cross-complaint is waived where the party goes to trial without insisting…
1Opinion of the CourtMcCulloch, C. J.
Appellees instituted an action in the circuit court of Saline County against appellant railway company to recover the alleged amount of the rental value of a small strip of land in the village of Bryant, a station on appellant’s railroad adjoining its right-of-way, the same being covered by a spur track running from the main track of appellant’s railroad. Appellant filed answer tendering an issue upon the 'allegations of the complaint, but those issues were settled by the verdict of the jury; and, no exceptions being saved, that branch of the case passed out of the controversy. Appellant…
2Cases cited7 opinions
- Gilbert v. ShaverSupreme Court of Arkansas · 1909
- Mountain Park Terminal Railway Co. v. FieldSupreme Court of Arkansas · 1905
- McKennon v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1901
- Reynolds v. Railway Co.Supreme Court of Arkansas · 1894
- Niemeyer v. Little Rock Junction RailwaySupreme Court of Arkansas · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Selle v. City of FayettevilleSupreme Court of Arkansas · 1944
- Burton v. WardSupreme Court of Arkansas · 1951
- St. Louis, Iron Mountain & Southern Railway Co. v. Fort Smith & Van Buren Railway Co.Supreme Court of Arkansas · 1912
- City of El Dorado v. KidwellSupreme Court of Arkansas · 1963
- Linwood & Auburn Levee District v. StateSupreme Court of Arkansas · 1915
7 more not listed; retrieve them via the Exa API.