Pine Bluff & Western Railway Co. v. Kelly
Supreme Court of Arkansas
Appeal from Grant Circuit Court; Alexander M. Duffle, Judge; It was error to admit testimony as to the value of timber cut, without showing that it was cut from the right of way. It was also error to admit testimony as to damage to the crops caused by fire, and the value of timber cut, both of which occurred after the suit was brought. 44 Ark. 362. Where personal property is destroyed by the taking of land for a railroad right of way, its value is a proper element of damage.
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Appeal from Grant Circuit Court; Alexander M. Duffle, Judge; It was error to admit testimony as to the value of timber cut, without showing that it was cut from the right of way. It was also error to admit testimony as to damage to the crops caused by fire, and the value of timber cut, both of which occurred after the suit was brought. 44 Ark. 362. Where personal property is destroyed by the taking of land for a railroad right of way, its value is a proper element of damage. This rule applies in cases where growing crops are destroyed. 3 Elliott on Railroads, 1438. The assessment embraces all…
1Opinion of the CourtBattle, J.
In May, 1902, the Pine Bluff & Western Railway Company instituted a proceeding in the Grant Circuit Court to condemn a portion of northwest quarter of section 18, township 5 south, range 11 west, in Grant County, in this State, for right of way for its railway.
In order to prevent any delay in the construction of its railway over the land, the judge of the Grant Circuit Court, in the vacation of the court, designated the sum of fifty dollars to be deposited in the Merchants & Planters Bank, of Pine Bluff, Arkansas, by the railway company, subject to the order of the court, and for compensation…
2Cases cited5 opinions
- St. Louis, Arkansas & Texas Railroad v. AndersonSupreme Court of Arkansas · 1882
- Springfield & Memphis Railway v. RheaSupreme Court of Arkansas · 1884
- Mountain Park Terminal Railway Co. v. FieldSupreme Court of Arkansas · 1905
- Springfield & Memphis Railway Co. v. HenrySupreme Court of Arkansas · 1884
- Reynolds v. Railway Co.Supreme Court of Arkansas · 1894
3Cited by7 opinions
- Selle v. City of FayettevilleSupreme Court of Arkansas · 1944
- St. Louis, Iron Mountain & Southern Railway Co. v. FaisstSupreme Court of Arkansas · 1911
- Arkansas Louisiana Gas Co. v. McGaughey Bros., Inc.Supreme Court of Arkansas · 1971
- Arkansas Power & Light Co. v. JenningsSupreme Court of Arkansas · 1975
- Missouri Pacific Railroad v. HugginsSupreme Court of Arkansas · 1972
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