Legal Opinion

Davis v. Nichols

Supreme Court of Arkansas

Decided March 28, 1891PublishedCited by 19 opinions

APPEAL from Lee Circuit Court. 'M. T. Sanders, Judge. 1. The action did not lie. 34 Am. & Eng. R. Cases, 464. The criminal liability merges the civil action. 95 U. S., 758 ; 1 Add. on Torts, secs. 45-6. To entitle the personal representative to maintain the action, there must have existed a contracted relation between deceased and the person at whose hands he suffered death. Note I to p. 133 of 5 A. & E. Enc. Law; 72 Ga., 137; 28 A. & E. R. Cases, 575. See, also, Mansf.

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APPEAL from Lee Circuit Court. 'M. T. Sanders, Judge. 1. The action did not lie. 34 Am. & Eng. R. Cases, 464. The criminal liability merges the civil action. 95 U. S., 758 ; 1 Add. on Torts, secs. 45-6. To entitle the personal representative to maintain the action, there must have existed a contracted relation between deceased and the person at whose hands he suffered death. Note I to p. 133 of 5 A. & E. Enc. Law; 72 Ga., 137; 28 A. & E. R. Cases, 575. See, also, Mansf. Dig., sec. 5225. If Nichols could not maintain the action, neither his widow nor administratrix could. 41 Ark., 299; 5 A. &.…

1Opinion of the CourtCockrill, C. J.

Do actions for wrong result-in.sin death?urvive wrongdoer’s death? Curtner killed Nichols in a personal altercation. Nichols’ widow, as adminstratrix of his estate, brought this suit against Curtner to recover damages. The complaint alleged that, “on the 22d day of January, 1886, the defendant, W. H. Curtner, wrongfully did assault, shoot and wound the said J. F. Nichols, her intestate, whereof the said J. F. Nichols languished and languishing did die ”• on the 23d of January, 1886. It was further alleged that the plaintiff was the widow and next of kin of the deceased, that as such she was…

2Cases cited4 opinions

  1. Hegerich v. . KeddieNew York Court of Appeals · 1885
  2. Ott v. KaufmanCourt of Appeals of Maryland · 1887
  3. Green v. ThompsonSupreme Court of Minnesota · 1880
  4. Yertore v. WiswallNew York Supreme Court · 1858

3Cited by19 opinions

  1. Hunt v. AuthierCalifornia Supreme Court · 1946
  2. Rambo v. RamboSupreme Court of Arkansas · 1938
  3. Bates v. SylvesterSupreme Court of Missouri · 1907
  4. Fish v. LileySupreme Court of Colorado · 1949
  5. Devine v. HealyIllinois Supreme Court · 1909

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