St. Louis, Iron Mountain & Southern Railway Co. v. Stamps
Supreme Court of Arkansas
Appeal from Woodruff Circuit Court; Hance N. Hutton, Judge; 1. The court erred in its instructions as to exemplary damages, nor was this error corrected when his attention was called to it. 70 Ark. 136; 50 Id. 10. 2. Deceased was guilty of contributory negligence,- and can not recover. 70 Fed. 24, 28, etc.; Labatt,- Master & Servant, § § 365» 365a- 3. There should not have been any recovery for more than nominal damages.
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Appeal from Woodruff Circuit Court; Hance N. Hutton, Judge; 1. The court erred in its instructions as to exemplary damages, nor was this error corrected when his attention was called to it. 70 Ark. 136; 50 Id. 10. 2. Deceased was guilty of contributory negligence,- and can not recover. 70 Fed. 24, 28, etc.; Labatt,- Master & Servant, § § 365» 365a- 3. There should not have been any recovery for more than nominal damages. The suit was only for the benefit of the estate, for pain and suffering, and as the death was instantaneous compensation for pain and suffering can not be sustained! 68 Ark.…
1Opinion of the CourtHiUU, C. J.
This was an action by R. D. Stamps, as administrator of the estate of S. W. Kirby, to recover damages, compensatory and exemplary, for his death, against appellee railroad company. The trial resulted in verdict and judgment for $500 compensatory damages for the benefit of the estate, and $2,500 exemplary damages, and the railroad company has appealed.
S. W. Kirby was assistant watchman on the appellant’s bridge over White River, near Augusta. The bridge is a drawbridge, and it was the duty of the watchman and assistant watchman to open the draw for boats when they received signals from them.…
2Cases cited4 opinions
- Texarkana Gas & Electric Light Co. v. OrrSupreme Court of Arkansas · 1894
- St. Louis, Iron Mountain & Southern Railway Co. v. DawsonSupreme Court of Arkansas · 1900
- Railway v. HallSupreme Court of Arkansas · 1890
- Sullins v. StateSupreme Court of Arkansas · 1906
3Cited by21 opinions
- Julius T. Williams and I. Oleta Williams v. Farmers and Merchants Insurance Company and Henry Insurance AgencyCourt of Appeals for the Eighth Circuit · 1972
- St. Louis, Iron Mountain & Southern Railway Co. v. DysartSupreme Court of Arkansas · 1909
- St. Louis S.W. Ry. Co. v. Braswell, AdministratorSupreme Court of Arkansas · 1939
- Delamar Allison v. WardSupreme Court of Arkansas · 1931
- St. Louis, Iron Mountain & Southern Railway Co. v. RobertsonSupreme Court of Arkansas · 1912
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