Kansas City Southern Railway Co. v. Henrie
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; statement by ti-ie court. G. W. Henrie, who was’ employed by the Kansas City Southern Railway Company as conductor on'a work train, was killed on November 6, 1905, while attemptin'g to couple cars in his train at Horatio, Arkansas, and his widow, Ollie M. Henrie, and his three infant children instituted this action in the circuit court of Miller County to recover damages alleged to havé been sustained on account of…
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Appeal from Miller Circuit Court; Jacob M. Carter, Judge; statement by ti-ie court. G. W. Henrie, who was’ employed by the Kansas City Southern Railway Company as conductor on'a work train, was killed on November 6, 1905, while attemptin'g to couple cars in his train at Horatio, Arkansas, and his widow, Ollie M. Henrie, and his three infant children instituted this action in the circuit court of Miller County to recover damages alleged to havé been sustained on account of his death. The damages are laid at the sum of $50,000, and on a trial of the case the jury -returned a verdict in favor of…
1Opinion of the Court
McCurroch, J.,
(after stating the facts.) 1. It is contended, in the first place, that the testimony fails to show that appellees were the only children and heirs at law of the decedent, or that there was no personal representative of his estate.
The statutes of this State provide that an action for damages caused by the wrongful act, neglect or default of another “shall be brought by and in the name of the personal representative of such deceased person, and if there be no personal representative, then the same may be brought by the heirs at law of such deceased person; and the amount…
2Cases cited8 opinions
- Railway Co. v. LymanSupreme Court of Arkansas · 1893
- Choctaw, Oklahoma & Gulf Railroad v. ThompsonSupreme Court of Arkansas · 1907
- McBride v. BermanSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. DawsonSupreme Court of Arkansas · 1906
- St. Louis & San Francisco Railroad v. WellsSupreme Court of Arkansas · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
- Kansas City Southern Railway Co. v. LeslieSupreme Court of Arkansas · 1914
- Southwestern Gas & Electric Co. v. GodfreySupreme Court of Arkansas · 1928
- St. Louis, Iron Mountain & Southern Railway Co. v. DysartSupreme Court of Arkansas · 1909
- Mode v. BarnettSupreme Court of Arkansas · 1962
24 more not listed; retrieve them via the Exa API.