St. Louis, Iron Mountain & Southern Railway Co. v. Batesville & Winerva Telephone Co.
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor ; STATEMENT BY THE COURT. On November 1, 1904, the Batesville & Winerva Telephone Company sued the White River Railway Company for injuries sustained to its telephone lines by the negligent acts of the railroad company in the construction of said railway during the years 1901 and 1902. Judgment was rendered in favor of the telephone company for $550 and costs.
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Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor ; STATEMENT BY THE COURT. On November 1, 1904, the Batesville & Winerva Telephone Company sued the White River Railway Company for injuries sustained to its telephone lines by the negligent acts of the railroad company in the construction of said railway during the years 1901 and 1902. Judgment was rendered in favor of the telephone company for $550 and costs. The White River Railway Company appealed to the Supreme Court, and this court on December 17, 1906, affirmed said judgment. White River Ry. Co. v. Batesville & Winerva…
1Opinion of the Court
Hill, C. J.,
(after stating the facts). The question is .whether the limitation of this action is one year under section 6588, Kirby’s Digest. There might be a question' of some interest as to whether, if said section is not applicable, the limitation of this action would be the three-year statute, under the first paragraph of section 5064, of the five-year statute under, section 5069, or the five-year statute under section 5074. But that is not important for the action was commenced within less than three years of the purchase by the St. Louis, Iron Mountain & Southern Railway Company of the…
2Cases cited2 opinions
- Organ v. Memphis & Little Rock RailroadSupreme Court of Arkansas · 1888
- Ratcliff v. AdlerSupreme Court of Arkansas · 1903
3Cited by5 opinions
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- Ferguson & Wheeler Land, Lumber & Handle Co v. GoodSupreme Court of Arkansas · 1910
- COAST TO COAST STORES, INC. v. Citizens BankDistrict Court, E.D. Arkansas · 1987
- Mershon-Welsh Co. v. International State Bank ex rel. SmithSouth Dakota Supreme Court · 1927
- Okla Homer Smith Manufacturing Co. v. Larson & Wear, Inc.Supreme Court of Arkansas · 1983