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MISSOURI PACIFIC RAILROAD COMPANY v. CLEMENTS

No. 5-717.

281 S.W.2d 936 (1955)

MISSOURI PACIFIC RAILROAD COMPANY, and T. W. Keesee, Appellants, v. W. Lee CLEMENTS, Appellee.

Supreme Court of Arkansas.

Rehearing Denied October 3, 1955.

Attorney(s) appearing for the Case

Cracraft & Cracraft, Helena, S. Hubert Mayes, Little Rock, for appellants.

E. E. Hopson, McGehee, John C. Sheffield, Helena, for appellee.

MILLWEE, Justice.

This is a suit by appellee, W. Lee Clements, against appellants, Missouri Pacific Railroad Company and T. W. Keesee, to recover damages to trespass upon appellee's lands and to remove a cloud on his title thereto.

The appellant railroad maintained a wooden trestle over its line across Swan Lake in Desha County. In 1944 the trestle was damaged by fire and the company decided to replace it with an earthen fill. The proposed project required...

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