McAlister v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. The appellants were tbe owners of certain farm lands in Clark County. The appellee is a railroad corporation, having a line of road running through these lands.
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Appeal from Clark Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. The appellants were tbe owners of certain farm lands in Clark County. The appellee is a railroad corporation, having a line of road running through these lands. The appellants sued the appellee, setting up that appellee had negligently closed a certain drain and opened a culvert through its roadbed on appellant’s land, and that by reason of such negligence, on July 15 and on August 15, 1911, appellant’s crops were greatly damaged and destroyed on account of heavy rainfalls occurring on the above dates…
1Opinion of the Court
Wood, J.,
(after stating the facts). The evidence showing the character of the obstruction to the flow of water through appellant’s land and the consequent effect thereof was undisputed. This testimony showed that the filling up of the old drain and the construction of the trestle for a new outlet for the water was of a permanent character and that its construction and continuance were necessarily injurious to appellant’s land. The testimony brings the present case clearly within the doctrine of this court as announced in St. L., I. M. & S. Ry. Co. v. Biggs, 52 Ark. 240, where we said:…
2Cases cited5 opinions
- St. Louis, Iron Mountain & Southern Railway v. BiggsSupreme Court of Arkansas · 1889
- St. Louis, Iron Mountain & Southern Railway Co. v. MagnessSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. AndersonSupreme Court of Arkansas · 1896
- Turner v. OvertonSupreme Court of Arkansas · 1908
- Kelly v. Kansas City Southern Railway Co.Supreme Court of Arkansas · 1909
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