Little Rock & Hot Springs Western Railroad v. Newman
Supreme Court of Arkansas
Appeal from Garland Circuit Court. Alexander M. Duffie, Judge. STATEMENT BY THE COURT. Z. T. Raulston was the owner of certain town lots in the city of Hot Springs and a tract of land in the country upon .which he lived.
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Appeal from Garland Circuit Court. Alexander M. Duffie, Judge. STATEMENT BY THE COURT. Z. T. Raulston was the owner of certain town lots in the city of Hot Springs and a tract of land in the country upon .which he lived. The defendant, the Little Rock & Hot Springs Western Railroad Company, constructed its railroad across Border street, where it intersected with Valley street, and along Valley street across Grand avenue to where Valley street intersects with Market street, and also constructed a side track on a portion of Elm street. The property of Raulston does not abut on any portion of…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) This is an action by an owner of town lots in the city of Hot Springs against the defendant company to recover damages for an injury which plaintiff claims was caused to his property by the act of defendant in constructing its railroad along and across certain streets of the cityi
The rule of law governing cases of this kind is that no private action on account of an act obstructing a public and common right will lie for damages of the same kind as those sustained by the general public, even though the inconvenience and injury to the plaintiff be greater…
2Cases cited1 opinion
- Buhl v. Fort Street Union Depot Co.Michigan Supreme Court · 1894
3Cited by10 opinions
- Risser v. City of Little RockSupreme Court of Arkansas · 1955
- Ark. State Highway Comm. v. McNeillSupreme Court of Arkansas · 1964
- City of Little Rock v. LinnSupreme Court of Arkansas · 1968
- Little Rock & Fort Smith Railway Co. v. GreerSupreme Court of Arkansas · 1906
- Missouri Pacific R.R. Co. v. JuneauSupreme Court of Arkansas · 1928
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