Nashville Lumber Co. v. Busbee
Supreme Court of Arkansas
Appeal from Howard Circuit Court; James S. Steel, Judge; STATEMENT BY THE COURT. Appellant owned and operated a box factory in the town of Nashville, Arkansas. It is situated within 200 feet of one of the public streets and in close proximity to one of the residence sections of said town.
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Appeal from Howard Circuit Court; James S. Steel, Judge; STATEMENT BY THE COURT. Appellant owned and operated a box factory in the town of Nashville, Arkansas. It is situated within 200 feet of one of the public streets and in close proximity to one of the residence sections of said town. The structure of the box factory was two stories high, the upper story being used to manufacture box material and the lower or ground floor being used to manufacture various kinds of handles, and also to house the machinery necessary to operate both departments of the factory. The box factory occupied about…
1Opinion of the Court
WOOD, J.,
(after stating the facts). First: Appellee, as administrator of the estate of his minor son, deceased, and for the sole benefit of the estate, instituted this action against appellant. He seeks to recover damages for the conscious suffering of his intestate caused by personal injuries which resulted in the latter’s death, and which appellee alleges were produced by the negligence of appellant. Conceding the contributory negligence of appellee, can such negligence be pleaded in defense to the action where appellee is the sole beneficiary and distributee of the estate? This is the…
2Cases cited27 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- City of Pekin v. McMahonIllinois Supreme Court · 1895
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- City of Chicago v. MajorIllinois Supreme Court · 1857
- Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
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3Cited by31 opinions
- Lindley v. SinkIndiana Supreme Court · 1940
- Love v. Detroit, Jackson & Chicago RailroadMichigan Supreme Court · 1912
- McDonald v. PettusSupreme Court of Arkansas · 1999
- Kokesh v. PriceSupreme Court of Minnesota · 1917
- Keena v. United RailRoads of San FranciscoCalifornia Court of Appeal · 1922
26 more not listed; retrieve them via the Exa API.