Jenkins v. Midland Valley Railroad
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District; I. S. Simmons, Special Judge; 1. The action survived on the death of the widow and it was error to ¡sustain the demurrer. 2. The court erred in its instructions. Sutherland on Damages, § 1273; 173 S. W. 880; 160 Cal. 48; 172 S. W. 984; 71 C. C. A. 619; 98 N. Y. 528; 128 111. App. 335; 86 Am; Dec. 297; 7 Am.
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Appeal from Sebastian Circuit Court, Greenwood District; I. S. Simmons, Special Judge; 1. The action survived on the death of the widow and it was error to ¡sustain the demurrer. 2. The court erred in its instructions. Sutherland on Damages, § 1273; 173 S. W. 880; 160 Cal. 48; 172 S. W. 984; 71 C. C. A. 619; 98 N. Y. 528; 128 111. App. 335; 86 Am; Dec. 297; 7 Am. Eep. 450; 47 N. Y. 317; Blashfield, Inst, to Juries, 173, § 77, etc.; 88 Ark. 26. See 53 Ark. 203; 58 Id. 339; 71 Id. 430; 112 Id. 320. 3. Negligence was proven mid pecuniary loss shown. 1. The court properly sustained the demurrer.…
1Opinion of the Court
McCULLOCH, C. J.(1) The death of T. L. Jenkins resulted from .alleged negligent acts of servants of the defendant railroad company, and this action was instituted against the company by the administrator of the estate of said decedent to recover damages for the benefit of the estate and for the benefit of the next of kin, consisting of four adult .children of decedent. The widow of the decedent died after the death of the former, and the individual who was the administrator of the estate of T. L. Jenkins also became administrator of the estate of the widow, and as such joined in the suit. The…
2Cases cited5 opinions
- Railway Co. v. SweetSupreme Court of Arkansas · 1895
- Kansas City Southern Railway Co. v. HenrieSupreme Court of Arkansas · 1908
- Davis v. NicholsSupreme Court of Arkansas · 1891
- Billingsley v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1907
- Kansas City Southern Railway Co. v. FrostSupreme Court of Arkansas · 1909
3Cited by18 opinions
- Southwestern Gas & Electric Co. v. GodfreySupreme Court of Arkansas · 1928
- In re the Estate of UravicNew York Surrogate's Court · 1932
- Strahan v. WebbSupreme Court of Arkansas · 1959
- Fountain v. Chicago, R. I. & P. Ry.Supreme Court of Arkansas · 1968
- Murrell v. Springdale Memorial HospitalSupreme Court of Arkansas · 1997
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