120 Ark. 212 | Ark. | 1915
(after .stating the facts).
(4) “Under the generic term street is included all parts of the way, the roadway, the gutters and the sidewalks.” Elliott on Roads and Streets, p. 17; Little Rock v. Fitzgerald, 59 Ark. 494.
Now, the complaint, while .alleging that the improvement 'district was 11 organized and existing under and by virtue of the State of Arkansas,” nowhere alleges that it was created for the purpose of grading Washington Avenue in front of appellant’s buildings. In this particular the complaint is fatally defective and flails to state a cause of action against the district, even if the 'district were liable in damages to .abutting owners by reason of the grading of the street.
Appellant relies upon McLaughlin v. City of Hope, 107 Ark. 442. That was a suit against the city of Hope for damages to certain lands ¡beyond the city limits caused by the discharge of the sewage of the city into a stream running through the lands. The court (held that the city had the power to turn the sewage into the stream, and that its act in iso doing was tantamount to a taking or damaging of the property for a public use, and that the damages should be assessed as if the ¡act of the city were a proceeding to .acquire the property under the power of eminent domain. See also City of El Dorado et al. v. Scruggs, 113 Ark. 239. These cases are not applicable here.
It follows ¡that the judgment is correct and must be affirmed.