Kansas City Southern Railway Co. v. Akin
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith. District; Paul Little, Judge; 1. The cause of action was barred by the statute of limitations.
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Appeal from Sebastian Circuit Court, Fort Smith. District; Paul Little, Judge; 1. The cause of action was barred by the statute of limitations. The complaint was filed April 4, 1918. It shows on its face that the injury was done on August 28, 1914. The file mark on the complaint is a part of the record and conclusive. 41 Ark. 53. The answer and hence the record shows that the suit was brought more than three years after the cause of action accrued and that the bar of the statute was claimed. The complaint showed that the action was barred and defendant could raise that question by demurrer…
1Opinion of the CourtWood, J.
This appeal is from a judgment in favor of appellee against appellant in the sum of $3,000.
On the 4th day of April, 1918, the appellee filed in the circuit court of Sebastian County his complaint against the appellant in which he alleged, in substance, that on August 28, 1914, he was a passenger on appellant’s train from Joplin, Missouri, to Fort Smith, Arkansas ; that through the negligence of appellant the coach in which he was riding, with other cars, was derailed and overturned, by reason of which he was thrown with great force and violence to the opposite side of the car and was mashed,…
2Cases cited29 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Southern Railway Co. v. MillerSupreme Court of the United States · 1910
- Arkansas Midland Railroad v. PearsonSupreme Court of Arkansas · 1911
- Carr v. HowellCalifornia Supreme Court · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. FuquaSupreme Court of Arkansas · 1914
24 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Herron v. MillerSupreme Court of Oklahoma · 1923
- Mitchell Shaw v. the Fed. Land Bk. of St. LouisSupreme Court of Arkansas · 1943
- Leno v. MeunierSupreme Court of Vermont · 1965
- Owen v. DixSupreme Court of Arkansas · 1946
- Jernigan v. Pfeifer BrothersSupreme Court of Arkansas · 1928
8 more not listed; retrieve them via the Exa API.