Saint Louis, Iron Mountain & Southern Railway Co. v. Cleere
Supreme Court of Arkansas
Appeal from Hot Springs Circuit Court. Alexander M. DueBie, Judge. STATEMENT BY THE COURT. This action was brought by the widow and administratrix of the estate of Arthur Tomlinson, deceased, against the St. Louis, Iron Mountain & Southern Railway Company, to recover damages for his death. The case has been here on a former appeal, and the facts are fully stated in the former opinion. St. Louis, I. M. & S. Ry.
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Appeal from Hot Springs Circuit Court. Alexander M. DueBie, Judge. STATEMENT BY THE COURT. This action was brought by the widow and administratrix of the estate of Arthur Tomlinson, deceased, against the St. Louis, Iron Mountain & Southern Railway Company, to recover damages for his death. The case has been here on a former appeal, and the facts are fully stated in the former opinion. St. Louis, I. M. & S. Ry. Co. v. Tomlinson, 69 Ark.-489. After the case was remanded, a change of venue was taken to Hot Springs County, where a trial was had which resulted in a verdict and judgment in favor of…
1Opinion of the Court
McCueeoch, J.,
(after stating the facts.) 1. The initial question presented for our consideration is, should the action have been abated on account of the remarriage of the administratrix? In passing upon that point we waive the question whether, conceding that the remarriage of • the administratrix ipso facto revoked her letters and left no administration pending, the widow and heir at law could properly be made parties plaintiff, and the cause be allowed to proceed in their names. This was done, and the cause proceeded in their names as well as in the name of the administratrix, though the…
2Cases cited7 opinions
- Brinkley Car Works & Manufacturing Co. v. CooperSupreme Court of Arkansas · 1905
- Fort v. StateSupreme Court of Arkansas · 1889
- Railway Co. v. MaddrySupreme Court of Arkansas · 1893
- Kansas Pacific Rly. Co. v. CutterSupreme Court of Kansas · 1876
- In Re the Administration of the Goods & Chattels of CurserNew York Court of Appeals · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- McFarland v. Illinois Central Railroad Co.Supreme Court of Louisiana · 1961
- McKinnon v. JohnsonSupreme Court of Florida · 1909
- Missouri, K. & T. Ry. Co. v. WestSupreme Court of Oklahoma · 1913
- St. Louis Southwestern Railway Co. v. GrahamSupreme Court of Arkansas · 1907
- The City of RomeDistrict Court, S.D. New York · 1930
18 more not listed; retrieve them via the Exa API.