St. L., I. M. & S. Ry. v. Biggs
Supreme Court of Arkansas
APPEAL from Hempstead Circuit Court. L- A. Byrne, Judge.. 1. One having a special ownership in property, injured or •killed, has no right, under the statute of this state, to sue for the value of thé same, without making the general owner a party to the action.
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APPEAL from Hempstead Circuit Court. L- A. Byrne, Judge.. 1. One having a special ownership in property, injured or •killed, has no right, under the statute of this state, to sue for the value of thé same, without making the general owner a party to the action. The asignment of the right to recover for an injury done to stock by a railroad company is not authorized by law, and where the assignment of a thing in action is not authorized by statute the assignor must be a party. Mansfield’s Digest, see. 4934. A demand founded upon a tort is not assignable. Thurman v. Wells. 18 Barb., -510;…
1Opinion of the CourtSmith, J.
Mrs. Biggs recovered judgment against the railway company for $366.25 for tbe negligent killing and wounding of several bead of live stock at various times. Tbe errors that are complained of here were a ruling of tbe court as to the sufficiency of one paragraph of her complaint, and a direction to the jury respecting tbe measure of damages. Tbe second paragraph reads as follows :
II. That on, to-wit: Tbe said first day of May, 1885, at a place on said road, in Miller county, near said mile post, No. 470, defendant, by its agents and employes, carelessly and negligently ran an engine and a…
2Cases cited16 opinions
- Green v. Van BuskirkSupreme Court of the United States · 1869
- White v. WebbSupreme Court of Connecticut · 1842
- T. & P. R'y Co. v. TankersleyTexas Supreme Court · 1885
- Parrott v. . Knickerbocker and N.Y. Ice Cos.New York Court of Appeals · 1871
- Root v. ChandlerNew York Supreme Court · 1833
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Chicago, B. & Q. R. v. GelvinCourt of Appeals for the Eighth Circuit · 1916
- McWilliams v. Excelsior Coal Co.Court of Appeals for the Eighth Circuit · 1924
- Lovell v. Marianna Federal Savings & Loan Ass'nSupreme Court of Arkansas · 1979
- Woodline Motor Freight, Inc. v. Troutman Oil Co.Supreme Court of Arkansas · 1997
- Atwood v. Boston Forwarding & Transfer Co.Massachusetts Supreme Judicial Court · 1904
13 more not listed; retrieve them via the Exa API.