St. Louis Southwestern Railway Co. v. Owings
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; J, M. Jackson, Judge; 1. The motion of the receiver to dismiss the action as to him should have been sustained. The receiver had been discharged and his duties terminated and he was no longer liable. 97 Ark. 373; 34 Cyc. 480; 156 Fed. 735; 53 N. E. 816; 7 Id. 537; 19 Id. 477. 2. The verdict for compensatory damages is excessive.
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Appeal from St. Francis Circuit Court; J, M. Jackson, Judge; 1. The motion of the receiver to dismiss the action as to him should have been sustained. The receiver had been discharged and his duties terminated and he was no longer liable. 97 Ark. 373; 34 Cyc. 480; 156 Fed. 735; 53 N. E. 816; 7 Id. 537; 19 Id. 477. 2. The verdict for compensatory damages is excessive. Deceased was killed instantly and there were no children — only the widow. 57 Ark. 384; 117 Id. 198-209; 89 Id. 326-334; 87 Id. 443-445; 77 Id. 405. In no view should more than $10,000 have been allowed under the well established…
1Opinion of the CourtSmith, J.
Appellee is the widow and administratrix of the estate of Ben L. Owings, who was killed in a rear-end collision between a train of the Chicago, Rock Island and Pacific Railway Company, known as the Rock Island Railroad, on which he was a passenger, and a train of the St. Louis Southwestern Railway Company, known as the Cotton Belt Railroad. The collision occurred while the Rock Island train was stopping at Mounds, Arkansas, a station on the Rock Island railroad, and the Cotton Belt train, which collided with it, was a train operated by that railroad over the roadbed of the Rock Island…
2Cases cited6 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. DysartSupreme Court of Arkansas · 1909
- Arkansas & Louisiana Railway Co. v. StroudeSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. StampsSupreme Court of Arkansas · 1907
- Chicago, Rock Island & Pacific Railway Co. v. JaberSupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. FreemanSupreme Court of Arkansas · 1909
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3Cited by12 opinions
- Splawn, Admx. v. WrightSupreme Court of Arkansas · 1939
- Froman v. J. R. Kelley Stave & Heading Co.Supreme Court of Arkansas · 1938
- Steward v. ThomasSupreme Court of Arkansas · 1953
- Griffin v. George's, Inc.Supreme Court of Arkansas · 1979
- Erwin v. MilliganSupreme Court of Arkansas · 1934
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