Henderson v. Doniphan Lumber Co.
Supreme Court of Arkansas
Appeal from White Circuit Court; Hance N. Hutton, Judge; This court will take judicial notice of the fact that Little Red River is a navigable stream, n Wall. 41151 Greenl. Ev.', § 6; 26 Kan. 682; 28 Ind. 257; 10 Abb.
Read the full summary
Appeal from White Circuit Court; Hance N. Hutton, Judge; This court will take judicial notice of the fact that Little Red River is a navigable stream, n Wall. 41151 Greenl. Ev.', § 6; 26 Kan. 682; 28 Ind. 257; 10 Abb. N. C. 107; 64 N.'W. 239. The allegations of the complaint are sufficient averments that it is navigable. 39 Ark. 403. A river of sufficient size to float logs in large quantities is a public highway, and is governed by the same rules of law. 39 Ark. 403; 53 Minn. 493; 53 Me. 256; 54 N. H. 545; 25 Fla. 1; 35 N. Y. 454; 42 Wis. 203; U. S. Rev. Stat., § 5251. The logs constituted…
1Opinion of the CourtMcCuuloch, C. J.
This is an action at law, instituted by the administratrix of the estate of Vinson Henderson, deceased, to recover damages sustained by the widow and next of kin of said decedent by reason of his death, which is alleged to have resulted from drowning in Little Red River, on account of the overturning and sinking of a ferry boat, on -which he was a passenger. It is alleged that the boat was overturned by loose floating logs, which had been placed in the river by defendant, and that the accident resulted from defendant’s negligence in “placing logs loose in said river in such quantities and in…
2Cases cited5 opinions
- Field v. Apple River Log Driving Co.Wisconsin Supreme Court · 1887
- Sullivan v. JerniganSupreme Court of Florida · 1885
- Reid Towns & Wrecking Co. v. The AthabascaDistrict Court, W.D. Michigan · 1890
- James v. CarterCourt of Appeals of Kentucky · 1895
- Outterson v. GouldNew York Supreme Court · 1894