Earnest v. St. Louis, Memphis & Southeastern Railway Co.
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; J. W. Meeks, Judge; Limitations are governed by the law of .the forum. 158 U. S. 285; 13 Pet. 312; 155 U. S. 618; 88 Fed. 610; 94 Id. 471; 162 U. S. 329; 147 U. S. 647; 153 Id. 671; 154 Id. 177; 89 Fed. 473; 96 Id. 397; 18 Ark. 384; 21 Id. 287. The common law has fixed its own doctrine that limitation prescribed by the lex fori, in respect to remedies, must prevail in cases of personal actions.
Read the full summary
Appeal from Randolph Circuit Court; J. W. Meeks, Judge; Limitations are governed by the law of .the forum. 158 U. S. 285; 13 Pet. 312; 155 U. S. 618; 88 Fed. 610; 94 Id. 471; 162 U. S. 329; 147 U. S. 647; 153 Id. 671; 154 Id. 177; 89 Fed. 473; 96 Id. 397; 18 Ark. 384; 21 Id. 287. The common law has fixed its own doctrine that limitation prescribed by the lex fori, in respect to remedies, must prevail in cases of personal actions. Angelí on Lim.-, § 66; 7 Mo. 241; 10 Barn. & Cress. 903; 1 Barn. & Ad. 281; 2 Mees. & Weis. 722. The limitation in Arkansas applies in a common law action against a…
1Opinion of the CourtHart, J.
On the 31st day of October, 1902, David A. Earnest was a conductor on appellee’s line of railway, which extends from Cape Girardeau in Missouri to Pocahontas in Arkansas. On that day at the town of Delta in Missouri, while engaged in his duties as freight conductor and while attempting to uncouple two cars of defendant’s train, said David A. Earnest was caught between the cars and mashed. He died from the wounds received in a few days thereafter.
Appellant alleges that the injury and death was caused by the negligence of the appellee. That she is the widow of said David A. Earnest, deceased.…
2Cases cited14 opinions
- The HarrisburgSupreme Court of the United States · 1886
- Insurance Co. v. BrameSupreme Court of the United States · 1878
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Davis v. RailwaySupreme Court of Arkansas · 1890
- Boston & M. R. R. v. HurdCourt of Appeals for the First Circuit · 1901
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- J. L. Williams & Sons, Inc. v. SmithSupreme Court of Arkansas · 1943
- McGinty v. Ballentine Produce, Inc.Supreme Court of Arkansas · 1966
- Anthony v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1913
- Smith v. Missouri Pacific RailroadSupreme Court of Arkansas · 1927
- Hicks v. Missouri Pacific Railroad CompanyDistrict Court, W.D. Arkansas · 1960
13 more not listed; retrieve them via the Exa API.