Sikes v. Miller

Decided May 30, 1891

Supreme Court of Arkansas · decided 1891-05-30

James M. Pittman, Judge. B. F. Sikes and others brought a joint suit for damages against W. A. Miller and others. The allegations of the complaint are substantially as follows. In 1881 the St. Louis and San Francisco Railway Company constructed its railroad over a certain tract of land in Benton county, Arkansas, owned by B. F. Sikes, and estabfished a depot thereon.

Good law ✅— No negative treatment on recordhow we know

Decided 1891-05-30

How this case has been cited

Cited by 3 later decisions — most recently July 1950

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per curiam :

¶11. Easement under town plat. The appellant suffered no legal injury from the appellee’s refusal merely to front his house according to the lay of the lots on the town plat.

¶22. When action for damages for nuisance is premature. The house is not yet constructed, and the alley has not become a nuisance. The appellant’s action for damages is therefore premature. When actual damage has been done him by the manner in which the house is constructed, or when it becomes apparent that damage from that source will inevitably ensue, the plaintiff can maintain his action ■on that score. It is not made to appear that that time has arrived. The presumption is that the house will be so constructed as not to injure the adjoining property. Springfield, etc., Ry. Co. v. Rhea, 44 Ark., 262.

¶3Affirm.