St. Louis, Iron Mountain & Southern Railway Co. v. Stephens
Supreme Court of Arkansas
Appeal from Craighead Circuit Court. Felix G. Taylor, Judge. STATEMENT BY THE COURT. Letitia Stephens is the owner of 80 acres of land in Craig-head county, upon which is her dwelling house and farm. The land lies east of the railroad track of the St. Louis, Iron Mountain & Southern Railway Company, the nearest point of the land being one-eighth of a mile distant from the railroad.
Read the full summary
Appeal from Craighead Circuit Court. Felix G. Taylor, Judge. STATEMENT BY THE COURT. Letitia Stephens is the owner of 80 acres of land in Craig-head county, upon which is her dwelling house and farm. The land lies east of the railroad track of the St. Louis, Iron Mountain & Southern Railway Company, the nearest point of the land being one-eighth of a mile distant from the railroad. A creek running in a southeasterly direction by her land is crossed by the-railroad a short distance west of her land. This creek during recent years has overflowed her farm, and has caused considerable-injury to…
1Opinion of the CourtRiddick, J.
(after stating the facts). It is conceded that the-evidence in this case is sufficient to sustain the judgment, but the-defendant contends that the action is barred by the statute of limitations, and this is so if the statute commenced to run at the time the road was constructed. Now, the evidence shows that the-creeks and drains which plaintiff claims were obstructed by the construction of the railroad were not completely closed thereby. Openings were left, which afterwards proved to be insufficient, but this was not known at the time the road was constructed. Whether or not they would prove…
2Cases cited4 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
- St. L., I. M. & S. Railway Co. v. MorrisSupreme Court of Arkansas · 1880
3Cited by9 opinions
- Missouri Pac. R.R. Co., Thompson, Trustee v. McGuireSupreme Court of Arkansas · 1943
- Chicago, Rock Island & Pacific Railway Co. v. HumphreysSupreme Court of Arkansas · 1913
- St. Louis Southwestern Railway Co. v. MorrisSupreme Court of Arkansas · 1905
- Turner v. OvertonSupreme Court of Arkansas · 1908
- Chicago, R. I. & P. Ry. Co. v. DavisSupreme Court of Oklahoma · 1910
4 more not listed; retrieve them via the Exa API.