St. Louis, Iron Mountain & Southern Railway Co. v. Haist
Supreme Court of Arkansas
Appeal from Saline .Circuit- Court. Alexander M.’Dueeie, Judge. On the 7th of February, 1899, William Haist, a fireman on one of defendant’s freight trains, operated at the time.in the state of Louisiana, was killed in á collision between the train he was on and a passenger train on a rainy night, near-a station' on the defendant’s road called Howcott. One Watkins was engineer on said freight train, and John C. Farrar was the conductor.
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Appeal from Saline .Circuit- Court. Alexander M.’Dueeie, Judge. On the 7th of February, 1899, William Haist, a fireman on one of defendant’s freight trains, operated at the time.in the state of Louisiana, was killed in á collision between the train he was on and a passenger train on a rainy night, near-a station' on the defendant’s road called Howcott. One Watkins was engineer on said freight train, and John C. Farrar was the conductor. The testimony is to the effect that it was the duty of these officers to have sidetracked this freight train at said station of Howcott to await the passing…
1Opinion of the CourtHughes, J.
In this case, Anna Elizabeth Haist, a minor, was the real plaintiff, and by amendment to the complaint, by leave of the court, T. N. Eobertson was .her next friend who represented and cared for her" interest in the suit which had been brought for her. There was no error in the allowance of the amendment by the substitution of T. N. Eobertson as next friend, instead of the foreign guardian, H. E. Burnham. In discussing this question, the supreme court’ of the United States, in Morgan v. Potter, 157 U. S. 198, said: Ut is the infant, and not the next friend, who is the real and proper party.…
2Cases cited11 opinions
- Stewart v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Hanley v. DonoghueSupreme Court of the United States · 1885
- McIntyre v. . New York Central R.R. Co.New York Court of Appeals · 1867
- Whittem v. StateIndiana Supreme Court · 1871
- Tate v. . MottSupreme Court of North Carolina · 1887
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3Cited by30 opinions
- Pulaski Gas Light Co. v. McClintockSupreme Court of Arkansas · 1911
- Kansas City Southern Railway Co. v. LeslieSupreme Court of Arkansas · 1914
- Parker v. WilsonSupreme Court of Arkansas · 1911
- Missouri State Life Insurance v. HoltSupreme Court of Arkansas · 1932
- Running v. Southwest Freight Lines, Inc.Supreme Court of Arkansas · 1957
25 more not listed; retrieve them via the Exa API.