Texarkana Gas & Electric Light Co. v. Orr
Supreme Court of Arkansas
Appeal from Miller Circuit Court. Rueus D. Hearn, Judge. STATEMENT BY THE COURT. This suit was instituted by appellee, administrator of the estate of Ed. Wallace, deceased, against the appellant company, in the Miller circuit court, at its November term, 1891, and the cause was tried at the November term 1892, resulting in a verdict and judgmeat for plaintiff in the sum of $20 actual damages and $200 punitive damages against the defendant. ABSTRACT.
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Appeal from Miller Circuit Court. Rueus D. Hearn, Judge. STATEMENT BY THE COURT. This suit was instituted by appellee, administrator of the estate of Ed. Wallace, deceased, against the appellant company, in the Miller circuit court, at its November term, 1891, and the cause was tried at the November term 1892, resulting in a verdict and judgmeat for plaintiff in the sum of $20 actual damages and $200 punitive damages against the defendant. ABSTRACT. The cause of action is fully set forth in the complaint, which is as follows, to-wit: “Comes the plaintiff, Thos. Orr, administrator of the…
1Opinion of the CourtBunn, C. J.
1. When objections not raised on appeal.
(after stating the facts). The objections that plaintiff should have sued as administrator, instead of merely denominating himself the administrator of deceased, and also that he failed to show his official character by a proper profert of his letters of administration, should have been made and insisted on by way of motion, at an earlier stage of the proceedings, and are not available now.
2. When pleading-amended to conform to proof.
At common law, no action lay for the death of a person, produced by the negligence or wrongful act of another. Now, by…
2Cases cited1 opinion
- Davis v. RailwaySupreme Court of Arkansas · 1890
3Cited by33 opinions
- Smith v. WadeSupreme Court of the United States · 1983
- Sebastian v. WoodSupreme Court of Iowa · 1954
- Miller v. BlantonSupreme Court of Arkansas · 1948
- City Electric Street Railway Co. v. ConerySupreme Court of Arkansas · 1895
- Growth Properties I v. CannonSupreme Court of Arkansas · 1984
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