Railway Co. v. Sweet
Supreme Court of Arkansas
Appeal from Desha Circuit Court, Watson District. John M. Feeiott, Judge. Mrs. Ada H. Sweet, as administratrix of Frank Sweet, brought suit, in the Jefferson circuit court, against the St. Louis, Iron Mountain and Southern Railway Company to recover damages to the widow and next of kin by the death of her intestate, who, while a passenger on defendant’s road, was killed by the derailment and over-turning of the caboose car on which he was riding.
Read the full summary
Appeal from Desha Circuit Court, Watson District. John M. Feeiott, Judge. Mrs. Ada H. Sweet, as administratrix of Frank Sweet, brought suit, in the Jefferson circuit court, against the St. Louis, Iron Mountain and Southern Railway Company to recover damages to the widow and next of kin by the death of her intestate, who, while a passenger on defendant’s road, was killed by the derailment and over-turning of the caboose car on which he was riding. The answer charged contributory negligence on the part of deceased. On May 26, 1891, the cause was transferred to the Desha circuit court, for the…
1Opinion of the CourtHughes, J.
It was improper to allow Mrs. Sweet’s . * . . . _ testimony that neither she nor the railroad company had paid for the casket in which the body of the deceased was buried, as this action was not brought for the benefit of the estate of the deceased, and the evidence could have tended only to mislead or confuse the jury. The funeral expenses were not an element of damages in this case. The action was broug'ht for the benefit of the widow and next of kin alone.
i. Damages ill action for wrongful
Section 6484 of Mansfield’s Digest provides that, ‘ ‘ in all cases of change of venue, the action…
2Cases cited3 opinions
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- Waldele v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1884
- Railway v. BargerSupreme Court of Arkansas · 1889
3Cited by17 opinions
- McCoy Farms, Inc. v. J & M McKEESupreme Court of Arkansas · 1978
- Railway Co. v. SweetSupreme Court of Arkansas · 1895
- St. Louis, Iron Mountain & Southern Railway Co. v. GibsonSupreme Court of Arkansas · 1913
- Colorado & Southern Railway Co. v. McGeorgeSupreme Court of Colorado · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. PurifoySupreme Court of Arkansas · 1911
12 more not listed; retrieve them via the Exa API.