St. Louis, Iron Mountain & Southern Railway Co. v. Smith
Supreme Court of Arkansas
Appeal from 'Cross Circuit Court; Allen Hughes, Judge; STATEMENT BY THE COURT. This action was instituted in the Cross Circuit Court by the plaintiff, Mary J. Smith, against the defendant, St. Louis, Iron Mountain & Southej-n Railway Company, to recover damages for personal injuries alleged to have been sustained by reason of a collision between two trains on defendant’s road, on one of which plaintiff was a passenger.
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Appeal from 'Cross Circuit Court; Allen Hughes, Judge; STATEMENT BY THE COURT. This action was instituted in the Cross Circuit Court by the plaintiff, Mary J. Smith, against the defendant, St. Louis, Iron Mountain & Southej-n Railway Company, to recover damages for personal injuries alleged to have been sustained by reason of a collision between two trains on defendant’s road, on one of which plaintiff was a passenger. Negligence of defendant’s servants is alleged to have caused the collision. The defendant filed its answer containing two paragraphs, in one of which it denied all the material…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) 1. The court did not err in overruling appellant’s motion to abate the action at law to recover damages because of the pendency of the chancery suit. The plaintiff could maintain the action at law, notwithstanding the written releasé, if it was obtained by fraud. It was unnecessary to sue in equity to cancel the release. George v. St. Louis, I. M. & So. Railway Co., 34 Ark. 622; Springfield & Memphis Ry. Co. v. Allen, 46 Ark. 217; Hot Springs Railroad Co. v. McMillan, 76 Ark. 88; St. Louis, I. M. & S. Ry. Co. v. Brown, 73 Ark. 42; Union Pacific Ry. Co.…
2Cases cited16 opinions
- Union Pacific Railway Co. v. HarrisSupreme Court of the United States · 1895
- Bliss v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1894
- Kansas City Southern Railway Co. v. MurphySupreme Court of Arkansas · 1905
- Chicago, Rock Island & Pacific Railway Co. v. LewisIllinois Supreme Court · 1884
- Mullen v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1879
11 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. HambrightSupreme Court of Arkansas · 1908
- St. Louis S. F. Ry. Co. v. RichardsSupreme Court of Oklahoma · 1909
- Patterson v. RisherSupreme Court of Arkansas · 1920
- Faye Hendrix Vickers, Individually and as Administratrix of the Estate of Arthur Ray Hendrix, Deceased v. Gifford-Hill & Company, Inc.Court of Appeals for the Eighth Circuit · 1976
- American Insurance v. HaynieSupreme Court of Arkansas · 1909
26 more not listed; retrieve them via the Exa API.