Western Coal & Mining Co. v. Hise
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Western District of Arkansas; Frank A. Youmans, Judge. Action at law by Helen Hise and Vesta Hise, who sues by Helen Hise as next friend, against the Western Coal & Mining Company. Judgment for plaintiffs, and defendant brings error.
1Opinion of the Court
TRIEBER, District Judge.
This suit is brought by the defendants in error, referred to herein as plaintiffs, to recover damages for the death of the husband and father of the plaintiffs, by reason of the negligence of the defendant, the plaintiff in error.
It appears from the complaint that the injury and death occurred on January 19, 1910. That a suit to recover damages therefor was instituted on October 19, 1910. On June 19, 1912, the plaintiffs took a voluntary nonsuit, and this action was instituted on December 5, 1912, which was more than two years after the death of the intestate. A…
2Cases cited2 opinions
- Partee v. St. Louis & S. F. R. Co.Court of Appeals for the Eighth Circuit · 1913
- Anthony v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1913
3Cited by8 opinions
- Perry v. StaverNew Mexico Court of Appeals · 1970
- Kerley v. HoehmanSupreme Court of Oklahoma · 1916
- Matthews v. Kansas City Southern Railway Co.Louisiana Court of Appeal · 1929
- Smith v. Eureka Pipe Line Co.West Virginia Supreme Court · 1940
- Rhoades v. WrightUtah Supreme Court · 1980
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