St. Louis, I. M. & S. Ry. Co. v. Needham
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Arkansas. Action by Mrs. D. L. Needham against the St. Louis, Iron Mountain & Southern Railway Company to recover for the death of her husband. Verdict and judgment for plaintiff. Defendant brings error.
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In Error to the Circuit Court of the United States for the Eastern District of Arkansas. Action by Mrs. D. L. Needham against the St. Louis, Iron Mountain & Southern Railway Company to recover for the death of her husband. Verdict and judgment for plaintiff. Defendant brings error. Reversed. - Statement by Sanboen, Circuit Judge: This is a writ of error to reverse a judgment against the plaintiff in error for its negligence in causing the death of the husband of the defendant in error, who was the plaintiff below, and will hereafter be so designated. The statute of Arkansas under which this…
1Opinion of the Court
Sanborn, Circuit Judge,
(after stating the facts.) In the determination of this case it has been necessary to decide but a single question, and that is: When a cause of action for the negligent killing of a deceased person is given by statute to his heirs at law for the exclusive benefit of his widow and next of kin, can the widow or any one of the heirs at law maintain the action without joining other heirs who are in existence, and entitled to a share of the amount recovered? The contention of the defendant that the words “ heirs at law ” in this statute do not *373include the widow, and hence…
2Cases cited8 opinions
- Vicksburg & Meridian Railroad v. PutnamSupreme Court of the United States · 1886
- Railroad Co. v. BarronSupreme Court of the United States · 1867
- Needham v. Grand Trunk Railway Co.Supreme Court of Vermont · 1865
- Woodward v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1868
- Kramer v. San Francisco Market Street RailroadCalifornia Supreme Court · 1864
3 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Salmon v. RathjensCalifornia Supreme Court · 1907
- Shawnee Gas & Electric Co. v. MotesenbockerSupreme Court of Oklahoma · 1913
- Whitley v. Spokane & Inland Railway Co.Idaho Supreme Court · 1913
- Thornburg v. American Strawboard Co.Indiana Supreme Court · 1895
- Brewer v. PooleSupreme Court of Arkansas · 2005
40 more not listed; retrieve them via the Exa API.