Kansas City Southern Railway Co. v. King
Supreme Court of Arkansas
Appeal from Polk Circuit Court. King and Jacobs severally sued the Kansas City Southern Railway Company, and by agreement their cases were consolidated and tried together. The facts were these: A horse of King and hogs of Jacobs were negligently killed by' the Kansas City, Pittsburg & Gulf Railroad Company in Polk County. Thereafter the railroad company went into the hands of receivers, and ceased to have an agent in the county.
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Appeal from Polk Circuit Court. King and Jacobs severally sued the Kansas City Southern Railway Company, and by agreement their cases were consolidated and tried together. The facts were these: A horse of King and hogs of Jacobs were negligently killed by' the Kansas City, Pittsburg & Gulf Railroad Company in Polk County. Thereafter the railroad company went into the hands of receivers, and ceased to have an agent in the county. Within one year after the stock was killed plaintiffs brought their suit in a justice’s court against the railroad company and its receivers. Judgment was taken…
1Opinion of the CourtWood, J.
i. Section 6587, Kirby’s Digest, is as follows: “Whenever any railroad company, corporation, individual or individuals shall purchase any railroad from any other railroad company, corporation, individual or individuals, the company, corporation, individual or individuals purchasing shall take and hold the same subject to all debts, liabilities and obligations of the company from which said road was purchased: and whenever any two or more railroad companies shall be consolidated, the consolidated company shall be liable for all debts, liabilities and obligations of all the consolidated…
2Cases cited5 opinions
- Houston & T. C. R. R. Co. v. ShirleyTexas Supreme Court · 1880
- Whitesides v. KershawSupreme Court of Arkansas · 1884
- Hatcher v. Toledo, Wabash & Western RailroadIllinois Supreme Court · 1872
- Brown v. BuckSupreme Court of Arkansas · 1891
- Joseph v. Southern Ry. Co.U.S. Circuit Court for the District of South Carolina · 1904
3Cited by3 opinions
- Thompson v. GloverCourt of Appeals for the Eighth Circuit · 1938
- Thompson v. EvansCourt of Appeals for the Eighth Circuit · 1940
- Interstate Coal Co. v. Eaton, Rhodes & Co.Supreme Court of Virginia · 1921