Johnson v. Missouri Pacific Railroad
Supreme Court of Arkansas
Appeal from Baxter Circuit Court; J. B. Baker, Judge; 1. Appellants were entitled to a lien and the administratrix was personally liable.
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Appeal from Baxter Circuit Court; J. B. Baker, Judge; 1. Appellants were entitled to a lien and the administratrix was personally liable. K. & C. Big., § 225, Acts 1913, p. 511, has not changed the rule in 61 Ark. 410, 33 S. W. 530. 2. The suit having been brought by Jo Johnson and Sizer & Gardner, attorneys of record, the railroad company was bound to. know that Kathern King was liable for the fee, and extrinsic evidence was admissible to show how she signed and in what capacity she did sign. 50 Kan. 96; 127 U. S. 597; 105 Id. 416; 104 Id. 93; 5 Wheaton (U. S.) 326; 2 Iowa 77. 3. It appears…
1Opinion of the CourtHumphreys, J.
Kathern King, admifiistratrix of James E. King, deceased, by appointment of date August 4, 1917, instituted suit, through her attorneys, Jo Johnson and Sizer & Gardner, against appellee on June 6, 1918, in the Baxter Circuit Court, to recover damages in the sum of $50,000 for the sole benefit of herself as surviving widow, there being no children, on account of the alleged negligent killing of her husband, James E. King, in August, 1917, by appellee, while in its employ, as engineer.
On August 29, 1918, the appellants filed an intervention in the suit, alleging that appellee settled with their…
2Cases cited3 opinions
- Davis v. RailwaySupreme Court of Arkansas · 1890
- L. R. & F. S. Railway v. TownsendSupreme Court of Arkansas · 1883
- Carpenter v. HazelSupreme Court of Arkansas · 1917
3Cited by2 opinions
- Adams v. ShellSupreme Court of Arkansas · 1930
- Johnson v. Missouri Pacific RailroadSupreme Court of Arkansas · 1921