Ft. Smith Light & Traction Co. v. Soard
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Ft. Smith District; Styles T. Rowe, Judge; statement by thb court. J. F. Soard had a grocery store in the city of Ft. Smith, which was also his residence. The store was located on North Eleventh Street near its intersection with Twelfth Street. North Eleventh Street runs northeast, and plaintiff’s store is south of this street.
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Appeal from Sebastian Circuit Court, Ft. Smith District; Styles T. Rowe, Judge; statement by thb court. J. F. Soard had a grocery store in the city of Ft. Smith, which was also his residence. The store was located on North Eleventh Street near its intersection with Twelfth Street. North Eleventh Street runs northeast, and plaintiff’s store is south of this street. About 200 feet northeast of the store of plaintiff the street crosses a brook or small stream which flows northward. There is a bridge on the street over this stream. Not far from the bridge the street crossed another depression or…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) This is an appeal by the defendant company from a judgment rendered against it in favor of plaintiff for damages for negligently and wrongfully obstructing the natural flow of water and causing it to back up and enter the plaintiff’s store.
Counsel for defendant in their argument for reversal say that the track of the street railway owned by it was constructed along a public street, and contend that, if any injury happened through the wrongful construction of the street or bridge, it was the fault of the city, and not the defendant company. It is true…
2Cases cited1 opinion
- St. Louis Southwestern Railway Co. v. PlumleeSupreme Court of Arkansas · 1906
3Cited by3 opinions
- Bodcaw Lumber Co. v. FordSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. SteedSupreme Court of Arkansas · 1912
- Kearns v. SteinkampSupreme Court of Arkansas · 1932