[DOWNLOAD] "Mcguire v. Wallis" by Supreme Court of Arkansas # eBook PDF Kindle ePub Free
eBook details
- Title: Mcguire v. Wallis
- Author : Supreme Court of Arkansas
- Release Date : January 11, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
In August, 1922, Arkansas Power and Light Company, appellant herein, obtained a right-of-way permit from W. H. Woodall and wife, owners of a certain 40 acres in Hot Spring County. The right-of-way covered 72 feet in width over the Woodall lands, giving the company the right to construct and maintain a line across same. In 1952, appellant found it desirable to enlarge and improve the transmission line across this property, and in contemplation of this improvement, obtained from the owner a new permit, which granted a similar right-of-way across the lands, with the right to clear a right-of-way 100 feet in width. In 1954, Orvall and Helen Murry, appellees herein, acquired title to the above 40 acres, with full knowledge of the existence of the two permits. In January, 1957, appellant company went onto the lands, clearing the right-of-way to a width of 100 feet, and also cutting additional trees outside the right-of-way, which the company considered a hazard to the line. Suit was instituted by the Murrys against appellant company, seeking damages for trees cut outside of the right-of-way, and also seeking damages for alleged damage caused to the land by the company, through the use of heavy clearing equipment. The jury awarded damages in the sum of $800, and from such judgment comes this appeal. For reversal, appellant argues two points, as follows, to-wit: