McBride v. Berman
Supreme Court of Arkansas
Appeals from Sebastian Circuit Court, Fort Smith District; Styles T. Rowe, Judge. The first case is reversed; the second, Mrs. McBride’s right of action is based upon the statute, sections 6289, 6290, Kirby’s Digest. It is intended to award compensation to the widow and next of kin who suffer damages by reason of the death of the injured party. This action is for such compensation, and not for the benefit of the estate.
Read the full summary
Appeals from Sebastian Circuit Court, Fort Smith District; Styles T. Rowe, Judge. The first case is reversed; the second, Mrs. McBride’s right of action is based upon the statute, sections 6289, 6290, Kirby’s Digest. It is intended to award compensation to the widow and next of kin who suffer damages by reason of the death of the injured party. This action is for such compensation, and not for the benefit of the estate. Every action must be prosecuted in the name of the real party in interest, ■except as otherwise provided by statute. Kirby’s Digest, § § 5999, 6001, 6002, 6004. In this case,…
1Opinion of the CourtHill, C. J.
Mrs. Della McBride brought suit in Sebastian Circuit Court, Fort Smith District, against Mrs. P. Berman, P. Berman, her husband, D. J. Young and A1 Belt, tenants of Mrs. Berman, for damages for the death of her husband, J. W. McBride, whose death was alleged to have been caused by the negligence of the defendants in failing to keep enclosed a stairway leading from the sidewalk to the basement of a building owned by Mrs. Berman, situated in the city of Fort Smith. The case was tried before a jury on issues raised as to negligence of Mrs. Berman, the owner, and the other defendants in their…
2Cases cited1 opinion
- St. Louis, I. M. & S. Ry. Co. v. NeedhamCourt of Appeals for the Eighth Circuit · 1892
3Cited by20 opinions
- Davenport v. LeeSupreme Court of Arkansas · 2002
- Shawnee Gas & Electric Co. v. MotesenbockerSupreme Court of Oklahoma · 1913
- Whitley v. Spokane & Inland Railway Co.Idaho Supreme Court · 1913
- Ramirez v. White County Circuit CourtSupreme Court of Arkansas · 2001
- Brewer v. PooleSupreme Court of Arkansas · 2005
15 more not listed; retrieve them via the Exa API.