[Download] "Pulaski County v. Horton" by Supreme Court of Arkansas ~ Book PDF Kindle ePub Free
eBook details
- Title: Pulaski County v. Horton
- Author : Supreme Court of Arkansas
- Release Date : January 28, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Appellees, J. M. Horton and J. F. Head, each own three lots upon which they reside at the intersection of West 36th street
and Barrow Road in the John Barrow Addition to Pulaski County, Arkansas. Head's home is combined with a store which be operates
on the southwest corner of the intersection while Horton's property is directly across Barrow Road on the southeast corner.
In March, 1953, the Pulaski County Court entered an order providing for acquisition of rights-of-way for the purpose of widening
and black-topping Barrow Road as a farm-to-market project and the work was begun in May, 1953. The improvement entailed considerable
grading and changes in drainage structures in the vicinity and the taking of a strip of land off the east end of Head's lots
35 feet wide and 144 feet long adjacent to the right-of-way directly in front of his store and home. A strip 10 feet wide
and 137 feet long was taken off the west side of Horton's lots and a strip 15 feet wide and 128 feet long was taken off the
north side of said lots. Pursuant to the acquisition order appellees on October 9, 1953, filed claims for damages against appellant, Pulaski County,
which were disallowed by the county court. After an extensive hearing in March, 1954, before the circuit court sitting as
a jury, on appeal, the cause was taken under advisement. On June 11, 1954, the court submitted to counsel a statement of his
findings of fact and conclusions of law with directions that a precedent for judgment be prepared awarding damages to Head
in the sum of $6,000 and Horton in the sum of [224 Ark Page 866] $2,500. On June 15, 1954, the county filed a motion requesting
that it be allowed credit for improvements in the amount of $1,748.57 to the Head property made after the taking of testimony
by the court and before rendition of the court's statement on June 11, 1954. This motion was resisted by appellee Head but
the court reopened the case and proceeded to hear further evidence regarding the additional improvements on June 28, 1954,
when a final judgment was entered under which the award to Head was reduced to $4,975.02. Pulaski County has appealed and
Head has cross-appealed from the court's action in reopening the case for further testimony relating to the additional improvements.