Kansas City Southern Railway Co. v. Frost
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; The happening of the accident does not show negligence. 79 Ark. 439; 82 Ark. 372. The children are not entitled to recover beyond their majority. Kirby’s Dig., § 6290; 53 Ark. 117; 63 Ark. 563. The wife for herself and as next friend for the children was the proper party to prosecute this suit.
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Appeal from Miller Circuit Court; Jacob M. Carter, Judge; The happening of the accident does not show negligence. 79 Ark. 439; 82 Ark. 372. The children are not entitled to recover beyond their majority. Kirby’s Dig., § 6290; 53 Ark. 117; 63 Ark. 563. The wife for herself and as next friend for the children was the proper party to prosecute this suit. Kirby’s Dig., § § 2690, 2708, 2636; 71 Ark. 258; 157 U. S. 195. It is the province of the jury to’ determine the weight of the evidence. 101 S. W. 738. The law does not restrict a recovery to the minority of the children. Kirby’s Dig., § 2690;…
1Opinion of the CourtBattle, J.
On the 14th day of November, 1906, HI E. Frost was a switchman in the employment of the Kansas City Southern Railway Company at Mena, Arkansas. On the night of that day Frost and others were engaged in making up a freight train. While he was standing on the platform or steps of a car, it with other cars was moved against the end of a standing car, and in the collision he was fatally injured, insomuch that he died about six hours thereafter. He left surviving him Daisy Frost, his widow, and Earl Frost, Bernice E. Frost and Hardy L. Frost, his children, who are minors, and his only heirs at…
2Cases cited6 opinions
- Hollingsworth v. StateSupreme Court of Arkansas · 1890
- Kansas City Southern Railway Co. v. HenrieSupreme Court of Arkansas · 1908
- Railway Co. v. DavisSupreme Court of Arkansas · 1892
- Edwards v. . SullivanSupreme Court of North Carolina · 1848
- Weaver v. TraylorSupreme Court of Alabama · 1843
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lund v. City of SeattleWashington Supreme Court · 1931
- Strahan v. WebbSupreme Court of Arkansas · 1959
- Jenkins v. Midland Valley RailroadSupreme Court of Arkansas · 1918
- Morgan v. RankinSupreme Court of Arkansas · 1938
- Hines v. JohnsonSupreme Court of Arkansas · 1920
4 more not listed; retrieve them via the Exa API.