Bolton v. Missouri Pacific Railroad
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; The motion to dismiss on ground of former adjudication should not have been sustained, because (1) the defendant here is not the same party as in the former case.
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Appeal from White Circuit Court; J. M. Jackson, Judge; The motion to dismiss on ground of former adjudication should not have been sustained, because (1) the defendant here is not the same party as in the former case. Walker D. Hines, Director G-eneral of Railroads, and the Missouri Pacific Railroad Company are not the same parties defendant, and (2) it does not affirmatively appear that the matter in dispute was the same issue tried. 13 N. W. 708; 59 Iowa 545; 94 U. S. 608 (Law. Ed.), vol. 24, 214; 34 Cyc. 1666. The case was never tried on its merits; in the former case the question only as…
1Opinion of the CourtSmith, J.
On May 17,1920, Clifton Bolton, a minor, by'Robert Bolton, his father and next friend, sued the Missouri Pacific Railroad Company for damages for personal injuries received by him. The injury complained of occurred July 6, 1916. The following motion to dismiss was filed by the railroad company:
“Motiok to Dismiss on Geound of Fobmer Ad judication.
“Comes the defendant and moves the court to dismiss the action of the plaintiff herein, because it was a party to a former suit filed in this court in which all the matters that are now set up and complained of were in issue, and the court sustained a…
2Cases cited7 opinions
- Murphy v. Citizens' BankSupreme Court of Arkansas · 1907
- Gibson v. BucknerSupreme Court of Arkansas · 1898
- Hall v. ColeSupreme Court of Arkansas · 1903
- Watkins v. MartinSupreme Court of Arkansas · 1901
- Adams v. BillingsleySupreme Court of Arkansas · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Southern Farmers Assn., Inc. v. WyattSupreme Court of Arkansas · 1962
- Carrigan v. CarriganSupreme Court of Arkansas · 1951
- Kendrick v. BowdenSupreme Court of Arkansas · 1947
- Widmer v. WoodSupreme Court of Arkansas · 1967
- Lake v. AndersonSupreme Court of Arkansas · 1928