MISSOURI PACIFIC RAILROAD CO. v. HUGGINS

No. 5-6027.

485 S.W.2d 723 (1972)

MISSOURI PACIFIC RAILROAD CO., Appellant, v. Hazel HUGGINS, Appellee.

Supreme Court of Arkansas.

October 23, 1972.


Attorney(s) appearing for the Case

William J. Smith and George E. Pike, Jr., Little Rock, for appellant.

Lonnie C. Turner, Jack Yates and John J. Cravens, Ozark, for appellee.


BROWN, Justice.

The single issue on appeal is whether appellant railroad can, after order of entry and completion of work but before trial, dismiss its eminent domain proceeding and restrict its liability only to damages caused by its occupancy of the land.

Appellee's land joined the railroad right-of-way. Located on the land was a large protruding rock which was thought to be in danger of falling over on the right-of-way. The railroad petitioned the chancery...

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