Railway Co. v. Sweet
Supreme Court of Arkansas
Appeal from Desha Circuit Court, Watson District. John M. Elliott, Judge. Action by Mrs. Sweet against the St. Louis, Iron Mountain & Southern Railway company. The facts are stated in the opinion. 1. The Desha court had no jurisdiction. No notice was given to appellant, as required by sec. 5798, Sand. & H. Dig. 2. The third prayer given at plaintiff’s request was erroneous, as applied to this particular case. 57 Ark. 298; 52 id. 524; 14 How. 486; 97 Mass. 361; 34 Am. & Eng.
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Appeal from Desha Circuit Court, Watson District. John M. Elliott, Judge. Action by Mrs. Sweet against the St. Louis, Iron Mountain & Southern Railway company. The facts are stated in the opinion. 1. The Desha court had no jurisdiction. No notice was given to appellant, as required by sec. 5798, Sand. & H. Dig. 2. The third prayer given at plaintiff’s request was erroneous, as applied to this particular case. 57 Ark. 298; 52 id. 524; 14 How. 486; 97 Mass. 361; 34 Am. & Eng. Ry. Cases, 405; 2 Wood, Ry. Law, sec. 301, pp. 1074-9 and cases cited; Hutch, on Car. secs. 502, 529; Patterson, Ry.…
1Opinion of the CourtWood, J.
This suit was brought by the administratrix for herself, as the widow, and her children, as the next of kin, to recover damages for the killing of Frank Sweet. The complaint in substance charged that, “by reason of the careless and negligent conduct of the defendant railway company in the care and maintenance of its track, and the proper and careful management of its train,” one of its cars, upon which Frank Sweet was a passenger, was derailed, and he was run over, and killed.
The answer admitted that Sweet was a passenger, and that he was killed, but denied negligence, and charged Sweet with…
2Cases cited16 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- The Steamboat New World v. KingSupreme Court of the United States · 1854
- Tilley v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1862
- Vaughan v. StateSupreme Court of Arkansas · 1894
11 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- St. Louis S. F. R. Co. v. LongSupreme Court of Oklahoma · 1913
- Sanders v. DavisSupreme Court of Alabama · 1907
- Pulaski Gas Light Co. v. McClintockSupreme Court of Arkansas · 1911
- Kansas City Southern Railway Co. v. LeslieSupreme Court of Arkansas · 1914
- Biddle v. RileySupreme Court of Arkansas · 1915
33 more not listed; retrieve them via the Exa API.