MILLER v. GARNER

No. 5-4035.

409 S.W.2d 336 (1966)

James W. MILLER, d/b/a A & A Construction Company, Appellant, v. John T. GARNER et ux. Appellees.

Supreme Court of Arkansas.

December 19, 1966.


Attorney(s) appearing for the Case

Harper, Harper, Young & Durden, Ft. Smith, for appellant.

Robinson & Rogers, Van Buren, for appellees.


AMSLER, Justice.

Appellees John T. Garner and his wife granted the City of Fort Smith a right-of-way easement for a water line across a small portion of their property in Crawford County, Arkansas, in 1964. Appellant James W. Miller, d/b/a A & A Construction Company was the subcontractor who excavated the ditches and laid the line across the Garner property. Appellant used dynamite and ammonium nitrate in loosening up the shale and granite while digging the ditches...

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