Railway Co. v. Yarborough
Supreme Court of Arkansas
Appeal from Nevada Circuit Court. This was an action by W. E. Yarborough against, the St. Eouis, Iron Mountain & Southern Railway Company, to recover damages for the destruction of the plaintiff’s growing crops during an overflow of the Red River.
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Appeal from Nevada Circuit Court. This was an action by W. E. Yarborough against, the St. Eouis, Iron Mountain & Southern Railway Company, to recover damages for the destruction of the plaintiff’s growing crops during an overflow of the Red River. The crops were destroyed on the 9th day of May, 1888, and the action was commenced on the 20th day of November, 1889. The complaint alleges that the defendant’s road-bed was constructed across the Red River bottom in 1873; and that it was so carelessly constructed and maintained that, by reason of the insufficiency of its openings and trestles to…
1Opinion of the CourtMansfield, J.
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1. The damage which the plaintiff sued to recover was not original in the sense that it necessarily resulted from the erection of the railway embankment. But after that structure was completed the injury complained of was still entirely uncertain and contingent and such as might never happen. In this respect the case is similar to that of the St. Louis, etc. R. Co. v. Biggs, 52 Ark. 240; and, according to the rule there laid down, the statute of limitations did not begin to run until the crops were destroyed. Troy v. Cheshire R. Co. 23 N. H. 83. The defendant’s tenth…
2Cases cited12 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- St. Louis, Iron Mountain & Southern Railway v. BiggsSupreme Court of Arkansas · 1889
- Porter v. Pequonnoc Manufacturing Co.Supreme Court of Connecticut · 1845
- Bennett v. MeehanIndiana Supreme Court · 1882
- Gulf, Colorado & Santa Fe Railway Co. v. LookerTexas Supreme Court · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- McWilliams v. Excelsior Coal Co.Court of Appeals for the Eighth Circuit · 1924
- United States Smelting Co. v. SisamCourt of Appeals for the Eighth Circuit · 1911
- City of Oklahoma City v. HokeSupreme Court of Oklahoma · 1919
- 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
21 more not listed; retrieve them via the Exa API.