City of El Dorado v. Scruggs
Supreme Court of Arkansas
Appeal from Union Circuit Court; George W. Hays, Judge; STATEMENT BY THE COURT. L. J. Scruggs instituted this action in the circuit court against the city of El Dorado and Sewer Improvement District No. 1 of the city of El Dorado to recover damages for using a stream running through his land as an outlet to a sewer. The facts are as follows: Sewer Improvement District No. 1 was organized in the city of El Dorado for the purpose of constructing a sewer.
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Appeal from Union Circuit Court; George W. Hays, Judge; STATEMENT BY THE COURT. L. J. Scruggs instituted this action in the circuit court against the city of El Dorado and Sewer Improvement District No. 1 of the city of El Dorado to recover damages for using a stream running through his land as an outlet to a sewer. The facts are as follows: Sewer Improvement District No. 1 was organized in the city of El Dorado for the purpose of constructing a sewer. In the construction of the sewer a septic tank was erected. The tank is made of concrete and is covered over and practically air tight. The…
1Opinion of the Court
Hart, J.,
(after stating the facts). The concrete case we have to deal with is that a sewer improvement district was formed in the city of El Dorado, and when it was constructed the sewage was carried into a septic tank, where it was chemically treated, and from there was discharged in the form of water into a natural watercourse which ran through, the plaintiff’s land. The water was discharged into the stream which ran through plaintiff’s land at a point about 500 feet distant from it. The plaintiff conducted a dairy on his land, and, according to the testimony adduced by him, the water…
2Cases cited11 opinions
- Wood v. Drainage District No. 2Supreme Court of Arkansas · 1913
- McLaughlin v. City of HopeSupreme Court of Arkansas · 1913
- Trammell v. Town of RussellvilleSupreme Court of Arkansas · 1879
- Kansas City Southern Railway Co. v. BolesSupreme Court of Arkansas · 1908
- Hot Springs R. R. v. WilliamsonSupreme Court of Arkansas · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Jones v. Sewer Improvement District No. 3Supreme Court of Arkansas · 1915
- Meriwether Sand & Gravel Co. v. State Ex Rel. Attorney GeneralSupreme Court of Arkansas · 1930
- Arkansas State Highway Commission v. OrmondSupreme Court of Arkansas · 1969
- Arkansas State Highway Comm'n v. WallaceSupreme Court of Arkansas · 1969
- Sewer Improvement District No. 1 v. FiscusSupreme Court of Arkansas · 1917
15 more not listed; retrieve them via the Exa API.