Anthony v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; STATEMENT BY THE COURT. On June 3, 1912, Mrs. Irma Anthony, in her own name, and as next friend to Victor Peterson and Boscoe Peterson, minors, instituted this action in the circuit court against the St. Louis, Iron Mountain & Southern Bailway Company to recover damages for injuries received hy their father, which resulted in his death.
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Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; STATEMENT BY THE COURT. On June 3, 1912, Mrs. Irma Anthony, in her own name, and as next friend to Victor Peterson and Boscoe Peterson, minors, instituted this action in the circuit court against the St. Louis, Iron Mountain & Southern Bailway Company to recover damages for injuries received hy their father, which resulted in his death. They allege that the plaintiff, Mrs. Irma Peterson, is only twenty-one years of age, and that Victor Peterson and Boscoe Peterson are minors. That their father, Andrew Peterson, in September,…
1Opinion of the Court
Hart, J.,
(after stating the facts). In the case of Earnest v. St. Louis, Memphis & Southeastern Railway Co., 87 Ark. 65, we held that by the common law, the death of a human being could not be made the subject of a civil action, and that where a stautory right of action is given, which did not exist at common law, and the statute giving the right also fixes the time within which the right may be enforced,.the time so fixed becomes a limitation or condition upon the right of action, and will control. Mr. Tiffany says that, inasmuch as the act which creates the limitation also creates the…
2Cases cited7 opinions
- Hanna v. Jeffersonville RailroadIndiana Supreme Court · 1869
- Coats v. HillSupreme Court of Arkansas · 1883
- Sims v. CumbySupreme Court of Arkansas · 1890
- Earnest v. St. Louis, Memphis & Southeastern Railway Co.Supreme Court of Arkansas · 1908
- Chicago, Rock Island & Pacific Railway Co. v. McElroySupreme Court of Arkansas · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- J. L. Williams & Sons, Inc. v. SmithSupreme Court of Arkansas · 1943
- State Ex Rel. Stasciewicz v. ParksCourt of Appeals of Maryland · 1925
- Nicholson v. Lockwood Greene Engineers, Inc.Supreme Court of Alabama · 1965
- Smith v. Missouri Pacific RailroadSupreme Court of Arkansas · 1927
- Follette v. Wal-Mart Stores, Inc.Court of Appeals for the Eighth Circuit · 1994
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