Kansas City Southern Railway Co. v. Marx
Supreme Court of Arkansas
Appeal from Polk Circuit Court. Will P. Feazel, Judge. Action by A. Marx against the Kansas City Southern Railway Company. Judgment for plaintiff, and defendant appeals.' statement by the court.
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Appeal from Polk Circuit Court. Will P. Feazel, Judge. Action by A. Marx against the Kansas City Southern Railway Company. Judgment for plaintiff, and defendant appeals.' statement by the court. A. Marx took passage on a local freight train of the defendant company from Mena to Jameson, Ark. ■ At one of the stations, when the train stopped en route, the caboose in which plaintiff rode was cut loose or separated from the train, and when the train was backed up to the caboose again, through the negligence of the engineer in charge of the train, it struck the caboose with considerable force,…
1Opinion of the CourtRiddick, J.
(after stating the facts). The only question raised by- this 'appeal is whether, in an ordinary action by a passenger against a railway company to recover damages for injuries received on account of the negligence of an employee of the company, and when no statutory regulation of the state has been violated, the plaintiff may, if he makes out his case, recover, in addition to his damages, a reasonable attorney’s fee. The statute of 1887 provides that in all actions against railway companies “for the violation of any law regulating the transportation of freight or passengers” the plaintiff, if…
2Cases cited3 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- St. L., I. M. & S. Ry. v. WilliamsSupreme Court of Arkansas · 1887
- Dow v. BeidelmanSupreme Court of Arkansas · 1887
3Cited by9 opinions
- Ready v. ReadyAppellate Court of Illinois · 1961
- NEW YORK UNDERWRITERS'FIRE INS. CO. v. Malham & Co.Court of Appeals for the Eighth Circuit · 1928
- Kansas City Southern Railway Co. v. TonnSupreme Court of Arkansas · 1912
- St. Louis Southwestern Railway Co. v. KnightSupreme Court of Arkansas · 1907
- Midland Valley Railroad v. HortonSupreme Court of Arkansas · 1914
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