St. Louis, Iron Mountain & Southern Railway Co. v. McNamare
Supreme Court of Arkansas
Appeal from Marion Circuit Court; Brice B. Hudgins, Judge; STATEMENT BY THE COURT. This is an action by Ruth E. McNamare, widow of F. Mc-Namare, against the St. Louis, Iron Mountain & Southern Railway Company to recover damages for alleged negligence in killing her husband while in the employment of said railway-company.
Read the full summary
Appeal from Marion Circuit Court; Brice B. Hudgins, Judge; STATEMENT BY THE COURT. This is an action by Ruth E. McNamare, widow of F. Mc-Namare, against the St. Louis, Iron Mountain & Southern Railway Company to recover damages for alleged negligence in killing her husband while in the employment of said railway-company. The material facts upon which the suit is based are as follows: On the 18th day of February, 1908, plaintiff’s husband was in the employment of the defendant as a brakeman on one of its freight trains, running from Cotter, Arkansas, to Crane, Missouri. On said date one of the…
1ConcurrenceMcCuruoch, C. J.
I concur in the judgment of reversal, because I think the trial court erred in hearing evidence as to the existence of the grounds for change of venue set forth in the petition, and in overruling the petition. But I do not concur in that part of the opinion which holds that “where the plaintiff shall have instituted suit in a county other than that of his residence, or of the county where the occurrence of which he complains took place, unless compelled to do so in order to get service on the defendant,” the change may be granted on presentation of a verified petition without supporting…
2Cases cited1 opinion
- St. Louis Southwestern Railway Co. v. FurlowSupreme Court of Arkansas · 1907