Legal Opinion

Fordyce v. McCants

Supreme Court of Arkansas

Decided January 30, 1892PublishedCited by 5 opinions

APPEAL from Phillips Circuit Court. Matthew T. Sanders, Judge. R. Lee Connor, while a passenger on a train of the Texas- & St. Louis Railway Company, operated by Fordyce as receiver, was killed in an accident occasioned by negligence of the railway operatives. He was an unmarried adult, and left his father as his sole heir at law. This suit was brought, by McCants, as administrator, for the benefit of the father.

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APPEAL from Phillips Circuit Court. Matthew T. Sanders, Judge. R. Lee Connor, while a passenger on a train of the Texas- & St. Louis Railway Company, operated by Fordyce as receiver, was killed in an accident occasioned by negligence of the railway operatives. He was an unmarried adult, and left his father as his sole heir at law. This suit was brought, by McCants, as administrator, for the benefit of the father. The only error assigned on appeal is that the verdict in favor of the plaintiff for $2391.50 was excessive. The evidence is stated in the opinion. To entitle plaintiff to recover, it…

1Opinion of the CourtCockrill, C. J.

This isa continuation of the case reported under the same style in 51 Ark., 509. The second trial resulted in a judgment for $2391.50, which was recovered by the appellee for the benefit of the father of the deceased as his next of kin. The appellant’s only contention is that the judgment is excessive.

1. whatdamage a father susadaftb^eathoi The evidence tended to show that the father was poor and dependent upon relatives for support; that his son, on account of whose death the action was prosecuted, had been from home about two years and during that time had sent to his father and mother all…

2Cited by5 opinions

  1. Broomfield v. BroomfieldSupreme Court of Arkansas · 1967
  2. Starnes v. AndreSupreme Court of Arkansas · 1967
  3. Pettijohn v. SmithSupreme Court of Arkansas · 1973
  4. Mooney v. TillerySupreme Court of Arkansas · 1932
  5. Cady v. GuessSupreme Court of Arkansas · 1939

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