St. Louis Southwestern Ry. Co. v. Christian
Decision Date | 04 June 1924 |
Docket Number | (No. 29.) |
Citation | 262 S.W. 29 |
Parties | ST. LOUIS SOUTHWESTERN RY. CO. v. CHRISTIAN. |
Court | Arkansas Supreme Court |
For majority opinion, see 261 S. W. 297.
Judge HUMPHREYS and myself do not agree to the law and facts as found by the majority opinion. In the majority opinion it is said that the evidence showed that the right to use the crossing at Vine street was exercised permissively, and no public way was acquired by prescription. On this point we quote from the testimony of Wiley George, as abstracted by counsel for appellant, the following:
On this point E. O. Vickroy says:
"The bridge stringer across the ditch north of trestle No. 247, opposite Vine street, or nearly so, has been used by the public in crossing the ditch ever since I have been living in that town, better than 12 years."
Vester Grooms said:
Frank Christian said:
Girvies French said:
I. N. Jackson said:
Several other witnesses testified to substantially the same state of facts, and there is no other and different evidence on this point.
It is well settled in this state that a way by prescription may be established by evidence of user by the public, adverse and continuous, for a period of 7 years or...
To continue reading
Request your trial-
Dodwell v. Missouri Pac. R. Co.
...to cross, in the absence of contributory negligence * * *.' St. Louis Southwestern Ry. Co. v. Christian, 164 Ark. 65, 261 S.W. 297, 262 S.W. 29. In St. Louis, I. M. & S. Ry. Co. v. Wells, 102 Ark. 257, 143 S.W. 1069, the following from 2 Thompson on Negligence, Sec. 1674 was quoted with app......
-
Chicago, R.I. & P.R. Co. v. State, s. 4790
...out by the proper authorities, of which no record exists.' St. Louis Southwestern R. Co. v. Christian, 164 Ark. 65, 261 S.W. 297, 298, 262 S.W. 29. In the case just cited Judge McCulloch held that a pathway was not contemplated by the lawmakers in prohibiting "any public highway, street, al......