Bush v. Stephens
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District; W. J. Driver, Judge; 1. The court erred in instructing the jury to find for the plaintiff. The embankment was permanent. It was constructed more than thirty-two years ago. This suit is therefore brought on the theory of a continuing or recurring tort.
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Appeal from Craighead Circuit Court, Jonesboro District; W. J. Driver, Judge; 1. The court erred in instructing the jury to find for the plaintiff. The embankment was permanent. It was constructed more than thirty-two years ago. This suit is therefore brought on the theory of a continuing or recurring tort. The original case is reported in 72 Ark. 127. Cases of this character are in principle based upon the question of negligence in maintenance, and the cause of action arises not upon the construction of the embankment but upon the occurrence of the damage. The question of the existence of…
1Opinion of the CourtWood, J.
These suits were instituted to recover damages alleged to have been suffered by the plaintiff during the years 1913,1914, and 1915 because of overflow of lands of plaintiff.
It was alleged that an opening in the railroad embankment a quarter of a mile north of plaintiff’s land was inadequate to allow the passage, under the railroad tracks, of water which naturally accumulated at that point, with the result that such surplus quantity of water was deflected and caused to run southward along the west bank of the railroad to a point where it overflowed into another water course, thereby swelling…
2Cases cited3 opinions
- Jordan v. HarrisSupreme Court of Arkansas · 1911
- Edwards v. WallaceSupreme Court of Arkansas · 1913
- Bush v. StateSupreme Court of Arkansas · 1917
3Cited by2 opinions
- Johnson v. GroceSupreme Court of South Carolina · 1935
- Premier Bank v. J. D. Homes of Olathe, Inc.Court of Appeals of Kansas · 2002