Hot Springs R. R. v. Williamson
Supreme Court of Arkansas
APPEAL from Garland Circuit Court. Hon. J. B. Wood, Circuit Judge. 1. The injury, if any, was common to all the property in the vicinity, and not peculiar to plaintiff’s. A private action cannot be maintained for a public nuisance. One who suffers in common with the public from an obstruction in a public highway cannot sustain a private action. 5 Allen,- 223; 3 Id., 574; 4 Har. & M., 540; 28 Vt., 142; 36 Cal., 193; 1 Pa.
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APPEAL from Garland Circuit Court. Hon. J. B. Wood, Circuit Judge. 1. The injury, if any, was common to all the property in the vicinity, and not peculiar to plaintiff’s. A private action cannot be maintained for a public nuisance. One who suffers in common with the public from an obstruction in a public highway cannot sustain a private action. 5 Allen,- 223; 3 Id., 574; 4 Har. & M., 540; 28 Vt., 142; 36 Cal., 193; 1 Pa. St., 3 op. 2. Where the fee of the streets is in the city, and it grants a right of way to a railroad to construct its road along such street, pursuant to an act of.the…
1Opinion of the CourtCockrill, C. J.
Congress granted a right of way to the Hot Springs Railroad Company by act of March 3, 1877, through the Hot Springs reservation. The road was located and built through the city of Hot Springs, along the line of Benton street, the right of way occupying one hundred feet on the south side of it. This right of way lacked 130 feet of extending to the intersection of Malvern avenue, which is the western terminus of Benton street. On June 16, 1880, the United States, through congress, ceded to the city of Hot Springs the streets and other thoroughfares of the city, for public use, and thereafter…
2Cases cited5 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Rigney v. City of ChicagoIllinois Supreme Court · 1881
- City of Atlanta v. GreenSupreme Court of Georgia · 1881
- Johnson v. City of ParkersburgWest Virginia Supreme Court · 1880
- Chicago & Western Indiana Railroad v. AyresIllinois Supreme Court · 1883
3Cited by26 opinions
- Eachus v. Los Angeles Consolidated Electric Railway Co.California Supreme Court · 1894
- Pause v. City of AtlantaSupreme Court of Georgia · 1896
- Buhl v. Fort Street Union Depot Co.Michigan Supreme Court · 1894
- City Council of Montgomery v. MaddoxSupreme Court of Alabama · 1889
- McLaughlin v. City of HopeSupreme Court of Arkansas · 1913
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