St. Louis, Iron Mountain & Southern Railway Co. v. Dawson
Supreme Court of Arkansas
Appeal from Woodruff Circuit Court. Hance N. Hutton, Judge. STATEMENT BY THE COURT. On the 9th day of June, 1896, Marie Dawson, tbe daughter of plaintiff, M. L. Dawson, while crossing the railway track of the St. Louis, Iron Mountain & Southern Railway Company at Haynes station, was struck by' a locomotive, run over, and killed.
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Appeal from Woodruff Circuit Court. Hance N. Hutton, Judge. STATEMENT BY THE COURT. On the 9th day of June, 1896, Marie Dawson, tbe daughter of plaintiff, M. L. Dawson, while crossing the railway track of the St. Louis, Iron Mountain & Southern Railway Company at Haynes station, was struck by' a locomotive, run over, and killed. She was between six and seven years of age, and had started on a visit to some companions who lived in the portion of the town across the railway from her home. She was seen on the track a short distance in front of the engine, but no witness saw her at the time she…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) We think the evidence sufficient to support the finding of the jury that the employees of the company in charge of'the train were guilty of negligence causing the death of plaintiff’s child. We are also of the opinion that a right of action survived to the personal representative; for the survival of the action- depends upon whether the injured child lived after the act constituting the cause of action, and it is not material whether she was conscious or not. If she lived after her right of action was complete, this right, which she possessed, passed by…
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