American Railway Express Co. v. Davis
Supreme Court of Arkansas
Appeal from Little Biver Circuit Court, James S. ' Steel, Judge; 1. On appellant’s petition the cause should have been removed to the Federal court.
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Appeal from Little Biver Circuit Court, James S. ' Steel, Judge; 1. On appellant’s petition the cause should have been removed to the Federal court. Both parties are non-residents of this State, the jurisdictional amount is involved, and there is a diversity of citizenship between the plaintiff and the defendant. 265 Fed. 715; 245 Id. 169; 251 Id. 337; 256 Id. 882; 261 Id. 697. 2. Appellant cannot properly be held liable, and the court should so have instructed, the jury, if Garrison and Davis, at the time the injury was inflicted, were engaged, not in the service of the master, but in play…
1Opinion of the CourtMcCulloch, C. J.
Elmer Davis, a boy 16 years old, the plaintiff’s son, was shot and killed on the premises of the defendant express company at Hugo, Oklahoma, the shot being accidentally fired from a revolver in the hands of Clyde Garrison, one of the employees of the company. Elmer Davis was himself an employee of the company at that time. This is an action instituted in the circuit court of Little River 'County against the company by the next of kin of Elmer Davis to recover damages resulting to them from the loss of the services of said decedent.
It is alleged in the complaint that Garrison was employed by…
2Cases cited18 opinions
- Ex Parte WisnerSupreme Court of the United States · 1906
- Galveston, Harrisburg & San Antonio Railway Co. v. CurrieTexas Supreme Court · 1906
- Pittsburg Reduction Co. v. HortonSupreme Court of Arkansas · 1908
- Sweeden v. Atkinson Improvement Co.Supreme Court of Arkansas · 1910
- Sullivan v. L. & N. R. R.Court of Appeals of Kentucky · 1903
13 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- McGinty v. Ballentine Produce, Inc.Supreme Court of Arkansas · 1966
- Wallace Glick, by His Next Friend, Bessie McGinty and Bessie McGinty v. Ballentine Produce, IncorporatedCourt of Appeals for the Eighth Circuit · 1965
- Wheeler v. Southwestern Greyhound Lines, Inc.Supreme Court of Arkansas · 1944
- American Railway Express Co. v. H. Rouw Co.Supreme Court of Arkansas · 1927
- American Railway Express Co. v. DavisSupreme Court of Arkansas · 1923
13 more not listed; retrieve them via the Exa API.