Tillar v. Reynolds
Supreme Court of Arkansas
Appeal from Drew Circuit Court; Henry W. Wells, Judge; 1. Two separate .and distinct causes of -action were set up in the complaint, one for the benefit of the estate and the -other for the benefit of the next of kin. The court erred in overruling the demurrer. 53 Ark. 117; 59 Ark. 215. And this error is not -cured by the consolidation act of 1905, p. 798. 2. If the deceased died from any -other cause than that alleged in the -complaint, there can be no recovery.
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Appeal from Drew Circuit Court; Henry W. Wells, Judge; 1. Two separate .and distinct causes of -action were set up in the complaint, one for the benefit of the estate and the -other for the benefit of the next of kin. The court erred in overruling the demurrer. 53 Ark. 117; 59 Ark. 215. And this error is not -cured by the consolidation act of 1905, p. 798. 2. If the deceased died from any -other cause than that alleged in the -complaint, there can be no recovery. The evidence that he died from the injuries -alleged is not sufficient to sustain the verdict. Kirby’s Digest, § § 6289-90. 3.…
1Opinion of the CourtKirby, J.
This suit was brought by Mrs. Mattie Reynolds, administratrix of the estate of William Reynolds, deceased, for damages for his wrongful death, caused, it was alleged, by defendant’s warden, in charge of his convict farm where her intestate was detained a prisoner working out a sentence of fine and imprisonment for a misdemeanor under the lease of convicts from Dineoln County, unlawfully and brutally whipping and beating him.
The complaint contains two causes of action, sufficiently alleged in separate paragraphs, one for the benefit of the widow and next of kin of decedent, and the other for…
2Cases cited2 opinions
- Davis v. RailwaySupreme Court of Arkansas · 1890
- Ashford v. RichardsonSupreme Court of Arkansas · 1908
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- Maniaci v. Interurban Express Co.Supreme Court of Missouri · 1916
- E. L. Bruce Co. v. YaxSupreme Court of Arkansas · 1917
- Harrelson v. Missouri Pacific Transp. Co.Court of Appeals for the Eighth Circuit · 1936
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