St. Louis, Memphis & Southeastern Railroad v. Garner
Supreme Court of Arkansas
Appeal from Randolph Circuit Court. R. P. Macic, Special Judge. Plaintiff had no right to maintain this action. 53 Ark. 117; 13 S. W. 803; 52 Fed. 373; 91 Mo. 91; 16 S. W. 487; (Wash.) 40 L. R. A. 822; 4 L. R. A. 261. Sec. 5912, Sand. & Hill’s Dig.; Tiffany, Death by Wrongful Act, p. 139, § 116; 130 U. S. 201, etc.
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Appeal from Randolph Circuit Court. R. P. Macic, Special Judge. Plaintiff had no right to maintain this action. 53 Ark. 117; 13 S. W. 803; 52 Fed. 373; 91 Mo. 91; 16 S. W. 487; (Wash.) 40 L. R. A. 822; 4 L. R. A. 261. Sec. 5912, Sand. & Hill’s Dig.; Tiffany, Death by Wrongful Act, p. 139, § 116; 130 U. S. 201, etc. Plaintiff was not entitled to recover in this action, for the reason that there was absolutely no evidence even tending to show that plaintiff was in any pecuniary way damaged by the death of his son, that he received any pecuniary benefits from his son’s earnings at the time of…
1Opinion of the CourtBattuE, J.
“On the 25th. day of September, 1902, one Joseph Garner, a man about 22 years of age [we quote from, appellant’s brief] was at the depot at Biggers, a station in Randolph County, when one of defendant’s engines, nearly out of water, was ready to make a quick run to a water tank about twenty miles north. Joseph tried to persuade Bud Smith and John Burries to ride the engine with him, but they both declined, and warned Garner that it was dangerous, and he might get hurt. Garner replied, ‘By God, I am going to ride it anyway,’ and he asked Perkins, the brakeman, if he could ride, and Perkins…
2Cases cited2 opinions
- Davis v. RailwaySupreme Court of Arkansas · 1890
- Fordyce v. McCantsSupreme Court of Arkansas · 1889
3Cited by8 opinions
- J. Paul Smith Co. v. TiptonSupreme Court of Arkansas · 1964
- M'Coullough v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913
- Missouri, K. & T. Ry. Co. v. ForemanCourt of Appeals for the Eighth Circuit · 1909
- Reed v. BlevinsSupreme Court of Arkansas · 1953
- Dawson v. GerritsenSupreme Court of Arkansas · 1988
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