(DOWNLOAD) "Turner v. Smith" by Supreme Court of Arkansas ~ Book PDF Kindle ePub Free
eBook details
- Title: Turner v. Smith
- Author : Supreme Court of Arkansas
- Release Date : January 12, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
This suit was brought by fourteen landowners and two tenants to enjoin the appellant, Y. B. Turner, from maintaining a reservoir which is alleged to obstruct the natural drainage of the plaintiffs' lands. The plaintiffs also asked damages for crop destruction that occurred in 1948 as a result of inundation caused by the Turner reservoir. Other landowners intervened to assert similar causes of action. The chancellor, after hearing testimony for eight days and after viewing the area In question, entered judgments totaling $6,773 and issued a mandatory injunction requiring Turner to cut 500-foot openings in the banks of his reservoir at four specified points. Turner appeals, and the appellees cross appeal. In 1948 Turner constructed, apparently for duck-hunting purposes, a rectangular reservoir that is one and three-quarters miles long from north to south and a mile wide. The levee enclosing this reservoir is about three feet high. The principal issue is whether Turner, by putting in this levee, has wrongfully obstructed natural streams watercourses or has merely fended off surface waters - as he is entitled to do if he does not unnecessarily damage his neighbors. Little Rock & F. S. Ry. Co. v. Chapman, 39 Ark. 463, 43 Am. Rep. 280; Baker v. Allen, 66 Ark. 271, 50 S.W. 511, 74 Am. St. Rep. 93.