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Reader Railroad v. Green

Citations: 228 Ark. 4; 305 S.W.2d 327; 66 A.L.R. 2d 1128; 1957 Ark. LEXIS 377Docket: 5-1311

Court: Supreme Court of Arkansas; September 30, 1957; Arkansas; State Supreme Court

Narrative Opinion Summary

The case involves an appeal by Reader Railroad regarding the trial court's decision to deny significant damages after dissolving a wrongfully issued temporary injunction. Reader Railroad was initially restrained from removing rails from a spur track on land owned by Allen Green, who claimed the track was abandoned and part of his property. Following a four-and-a-half-year delay, the court dissolved the injunction but awarded only nominal damages to Reader, despite its claim for $1,307.37 in damages. Reader argued that it was entitled to damages under Arkansas law for the wrongful issuance of an injunction. However, the court found that Reader had not been diligent in seeking to dissolve the injunction, attributing the delay to Reader rather than Green. Consequently, the court ruled that Reader failed to demonstrate an error in the trial court's decision, affirming the nominal damages award. The case highlights the importance of the duty to mitigate damages in disputes over wrongful injunctions and the discretion of chancery courts in assessing damages upon dissolution of such orders.

Legal Issues Addressed

Assessment of Damages in Chancery Court

Application: The law permits the chancery court to assess damages upon dissolving an injunction, but the trial court only awarded nominal damages, a decision affirmed on appeal.

Reasoning: The law allows the chancery court to assess damages upon dissolving an injunction and requires a valid judgment against the principal and sureties on the injunction bond.

Duty to Mitigate Damages

Application: Green successfully argued that Reader did not act diligently to minimize its damages, affecting the amount of damages awarded.

Reasoning: Green argues that Reader did not act diligently to minimize its damages, as Reader delayed the motion to dissolve the injunction from March 10, 1952, until November 21, 1956.

Wrongful Issuance of Injunction and Damages

Application: The court recognized that the injunction was wrongfully issued but only awarded nominal damages to Reader, as the delay in dissolving the injunction was attributed to Reader's lack of diligence.

Reasoning: Reader contends that the court erred by not granting damages despite the finding of wrongful issuance, asserting that it is entitled to at least nominal damages as established by precedent in Arkansas law regarding injunctions.