Railway Co. v. Rexroad
Supreme Court of Arkansas
Appeal from White Circuit Court. Grant Green, Jr., Judge. STATEMENT BY THE COURT. Sadie Rexroad, a minor about seven- years old, brought this action by her next friend, George W. Rex-road, against the St, Louis, Iron Mountain & Southern Railway Company, to recover damages caused "by personal injuries.
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Appeal from White Circuit Court. Grant Green, Jr., Judge. STATEMENT BY THE COURT. Sadie Rexroad, a minor about seven- years old, brought this action by her next friend, George W. Rex-road, against the St, Louis, Iron Mountain & Southern Railway Company, to recover damages caused "by personal injuries. She alleged in her complaint that on the 20th of July, 1891, while a passenger on a train of defendant, she went to the water cooler in the car in which she was riding to get a drink of water; that while in the act of drawing the water from the cooler, one of the defendant’s servants negligently…
1Opinion of the Court
Batti,:©, J.
1. Wife’s competency witness.
(after stating the facts.)
First. Was the wife a competent witness ?
The statute provides that the husband and wife shall be incompetent to testify “for or against each other.” Did she testify for him? This action was brought for the sole benefit of the infant. She was the real party in interest. The husband did not sue, but the infant by him as next friend. He was merely the manager and conductor of the suit for the minor. The court could remove him at pleasure, and substitute another person for him. Mansfiéld’s Digest, sec. 4955. Mrs. Rexroad did not…
2Cases cited3 opinions
- Keyes v. RinesSupreme Court of Vermont · 1864
- Van Fleet v. StoutSupreme Court of Kansas · 1890
- Belk v. CooperAppellate Court of Illinois · 1890
3Cited by8 opinions
- Nashville Lumber Co. v. BusbeeSupreme Court of Arkansas · 1911
- White v. . ChappellSupreme Court of North Carolina · 1941
- St. Louis, Iron Mountain & Southern Railway Co. v. DentySupreme Court of Arkansas · 1896
- Price v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1905
- Miles v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
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