Fitzpatrick v. Owens
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; J. M. Jackson, Judge; 1. Mrs. Owens, if she had lived, would have been entitled to maintain an action for damages. Kirby’s ■ Digest. § 6289; Cont. Art. 9. § 7; Acts April 28, 1873, March 19, 1895, and March 19, 1915; 93 Ark. 42. On her death the right to sue vested in appellants. Ib.
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Appeal from Phillips Circuit Court; J. M. Jackson, Judge; 1. Mrs. Owens, if she had lived, would have been entitled to maintain an action for damages. Kirby’s ■ Digest. § 6289; Cont. Art. 9. § 7; Acts April 28, 1873, March 19, 1895, and March 19, 1915; 93 Ark. 42. On her death the right to sue vested in appellants. Ib. She had the right to sue her husband for tort. 88 Conn. 42; 89 Atl. 889; 52 L. E. A. (N. S.) 185; 140 Pac. 1022, 52 L. E. A. (N. S.) 189; 154 S. W. (Tex.) 322. Appellants have the same right under § 6289 Kirby’s Digest. Also review the various married women’s acts and decisions…
1Opinion of the CourtMcCulloch, C. J.
According to the allegations of the complaint, plaintiff’s intestate, Henrietta Owens, was the wife of. the defendant, F. M. Owens; and said parties had, by a decree of the Chancery Court of Phillips County, Arkansas, been divorced from bed and board but not from the bonds of matrimony; that while the said relation subsisted, the defendant .made a felonious assault upon said Henrietta Owens and killed her; and that by reason of said wrongful act of defendant the estate of said decedent and her next of kin suffered injury which entitled them to recover damages in the large sum named in the…
2Cases cited13 opinions
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- Peters v. PetersCalifornia Supreme Court · 1909
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