Legal Opinion

St. Louis & San Francisco Railway Co. v. Brown

Supreme Court of Arkansas

Decided April 11, 1896PublishedCited by 23 opinions

Appeal from Sebastian Circuit Court, Fort Smith District. Fdgar F. Bryant, Judge. 1. The plea to the jurisdiction should have been sustained. It is against public policy to allow such suits to be maintained at a point so far from where the acts are alleged to have occurred, and between residents of other jurisdictions. 2 N. Y. Sup. 524; Black, Const.

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Appeal from Sebastian Circuit Court, Fort Smith District. Fdgar F. Bryant, Judge. 1. The plea to the jurisdiction should have been sustained. It is against public policy to allow such suits to be maintained at a point so far from where the acts are alleged to have occurred, and between residents of other jurisdictions. 2 N. Y. Sup. 524; Black, Const. Law, p. 222; 127 U. S. 706; 14 S. W. 228; 98 Mass. 65. It is the settled policy of our law and of Missouri that suits shall be brought where the defendants reside. Mansf. Dig., secs. 5007-9, 4029, 5003; 38 Ark. 205; Dig. Stat. Mo., vol. 2, p.…

1Opinion of the CourtBunn, C. J.

This suit was instituted in the Sebastian circuit court, Fort Smith district, and, having progressed to a certain point, plaintiff, Drura Brown, suffered judgment of nonsuit, and subsequently renewed the suit against the defendant company, which resulted in judgment in her favor in the sum of three hundred and seventy-five dollars, and the defendant company appealed to this court.

The plaintiff, Drura Brown, and her husband, referred to in the record as Dr. Brown, resided at Vinita, in the Indian Territory, and only a short distance from the city of Fort Smith; and on 22d December, 1892, each…

2Cases cited9 opinions

  1. Dennick v. Railroad Co.Supreme Court of the United States · 1881
  2. Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
  3. Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
  4. Herrick v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
  5. Great Western Railway Co. v. MillerMichigan Supreme Court · 1869

4 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Lien v. CouchCourt of Appeals of Tennessee · 1998
  2. St. Louis, Iron Mountain & Southern Railway Co. v. HaistSupreme Court of Arkansas · 1903
  3. Edquest v. Tripp & Dragstedt Co.Montana Supreme Court · 1933
  4. Running v. Southwest Freight Lines, Inc.Supreme Court of Arkansas · 1957
  5. American Railway Express Co. v. DavisSupreme Court of Arkansas · 1922

18 more not listed; retrieve them via the Exa API.

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