Dickerson v. Okolona
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Jacob M, Carter, Judge; The appellee is liable for the damage to appellant’s property by lowering the grade of the street on which the property abuts; otherwise the words “appropriate or damage” used in our present Constitution, art. 2, § 22, would 'be meaningless. Compare Const. 1868, art. 1, § 13. See also 15 Cyc. 662; 56 Am. Rep. 109. The complaint .does not state a cause of action.
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Appeal from Clark Circuit Court; Jacob M, Carter, Judge; The appellee is liable for the damage to appellant’s property by lowering the grade of the street on which the property abuts; otherwise the words “appropriate or damage” used in our present Constitution, art. 2, § 22, would 'be meaningless. Compare Const. 1868, art. 1, § 13. See also 15 Cyc. 662; 56 Am. Rep. 109. The complaint .does not state a cause of action. There is no allegation that the grading of the street was negligently or unskillfully done, nor there was any malice toward the owner of the property. 93 Ark. 250; 49 Ark. 139;…
1Opinion of the CourtMcCulloch, C. J.
Plaintiff, who owns a lot in the incorporated town of Okolona on which is situated a dwelling house, barn and other outhouses, instituted this action against said incorporated town to recover damages to the property by reason of lowering the grading of a street.
The complaint, as far as necessary to copy, reads as follows:
“That said dwelling house and other buildings and improvements on said premises were erected with reference to the grade for Gurdon Street, as then adopted by the defendant, and before the time hereafter complained of. That the defendant by its officers and agents did, in the…
2Cases cited17 opinions
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- Werth v. City of SpringfieldSupreme Court of Missouri · 1883
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3Cited by17 opinions
- State v. HaleTexas Supreme Court · 1941
- Board of County Com'rs, Lincoln County v. HarrisNew Mexico Supreme Court · 1961
- McLaughlin v. City of HopeSupreme Court of Arkansas · 1913
- Campbell v. Arkansas State Highway CommissionSupreme Court of Arkansas · 1931
- Flake v. Thompson, Inc.Supreme Court of Arkansas · 1970
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