Basic principles of justice demand that wrongs should not go unredressed. Arkansas's Bill of Rights provided that every person is entitled to a certain remedy in the laws for all injuries or wrongs he may receive in his person, property, or character.
Petitioner flying service, an Arkansas corporation, filed an action in Arkansas state court to collect fees for having sprayed insecticide on respondent owner's cotton crop in Missouri. By cross-complaint, respondent sought damages for petitioner’s negligence in putting on the market a chemical unsuited to spraying cotton. Petitioner was not authorized to do business in Missouri and could have escaped liability by staying out of Missouri until the statute of limitations had run. Petitioner filed a motion to dismiss the cross-complaint on the ground that it stated a cause of action for injury to real property in Missouri. The circuit court overruled the motion. Petitioner applied to prohibit the circuit court from taking jurisdiction of the cross-complaint. The state supreme court denied petitioner’s writ.
Did Arkansas courts have authority to entertain suits for injuries to real property situated in another state?
The majority rule, which held that Arkansas courts were not allowed to entertain an action for injuries to real property situated in another state, had no basis in logic or equity. The rule rested solely upon English cases that were decided before America was discovered and in circumstances that were not comparable.