Legal Opinion

Rutherford v. Foster

Court of Appeals for the Eighth Circuit

Decided September 7, 1903No. 1,892PublishedCited by 5 opinions

In Error to the Circuit Court of the United States for the Eastern District of Arkansas.

1Opinion of the Court

SANBORN, Circuit Judge.

This is an action by the widow and', minor children of James Anderson Foster against George Rutherford and Neill Rutherford to recover damages from them because they assaulted, battered, and killed Foster with an axe near his home in the state of Arkansas in February, 1901. The action is based on Ford Campbell’s act (St. 9 & 10 Vict. c. 93) which was enacted in the state of Arkansas in 1883. The portion of it material to the controversy in this case reads:

“Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default…

2Cases cited19 opinions

  1. Allen v. United StatesSupreme Court of the United States · 1896
  2. State v. KringSupreme Court of Missouri · 1877
  3. Pearl Street Development Corp. v. Conduit & Foundation Corp.New York Court of Appeals · 1976
  4. State v. UnderwoodSupreme Court of Missouri · 1874
  5. State v. HolmeSupreme Court of Missouri · 1873

14 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Welch v. CreechWashington Supreme Court · 1915
  2. Liberty Bell Gold Mining Co. v. Smuggler-Union Mining Co.Court of Appeals for the Eighth Circuit · 1913
  3. Hunt-Berlin Coal Co. v. PatonTennessee Supreme Court · 1918
  4. Morrisdale Coal Co. v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1910
  5. United States v. McNab Co.District Court, D. Connecticut · 1924

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