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Johnson v. St. Louis, Iron Mountain & Southern R'y Co.

Johnson v. St. Louis, 32 Ark. 758 (1878)
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Court
Supreme Court of Arkansas · State Highest Courts
Decided
May 15, 1878
Judges
English
Citations
32 Ark. 758
Headnotes
Right of Way: Remedy, etc. Trespass for appropriation by defendant of a right of way; held that the statutory remedy was exclusive.
Summary
APPEAL from Miller Circuit Court. Hon. James K. Young, Circuit Judge.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — English

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English, Ch. J.: On the 18th August, 1877, Peter R. Johnson brought an action of trespass, in the Circuit Court of Miller County against the St. Louis, Iron Mountain & Southern Railway Company, alleging in substance that in the year 1873, the Cairo and Fulton Railroad. Company, since consolidated with the defendant company, constructed its road over the lands of plaintiff, without paying for the right of way, etc.

A demurrer was sustained to the complaint and plaintiff appealed.

The questions involved in the case were settled Cairo and Fulton R. R. Co. v. Turner, 31 Ark., 494; and the judgment-must be affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1965: 119652026peak 1965 · 1

Relies on it most ⓘ

  1. DeSalvo v. Arkansas Louisiana Gas Co.239 F. Supp. 312 (E.D. Ark. 1965)

Most recent

  1. DeSalvo v. Arkansas Louisiana Gas Co.239 F. Supp. 312 (E.D. Ark. 1965)

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