Davis v. Railway
Supreme Court of Arkansas
APPEAL from White Circuit Court. M. T. Sanders, Judge. 1. The first cause of action was based upon sec. $223, Mansf. Dig, The court ruled that only one cause of action accrued for an injury resulting in death, and the later act of 1883, giving the cause of action set out in sections 5225 and 5226, repealed the former action given by section 5223. We submit that this was error.
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APPEAL from White Circuit Court. M. T. Sanders, Judge. 1. The first cause of action was based upon sec. $223, Mansf. Dig, The court ruled that only one cause of action accrued for an injury resulting in death, and the later act of 1883, giving the cause of action set out in sections 5225 and 5226, repealed the former action given by section 5223. We submit that this was error. The cause of action described in section 5223 is simply the cause of action which accrued to the deceased by reason of the injury, and covered only the period from the injury to the death of the injured party. The…
1Opinion of the CourtCockrill, C. J.
These appeals involve three suits brought against the railway on account of an injury to a minor resulting in his death. Two are by the personal representative of the minor — one of them for the benefit of his estate, the other for the benefit of the next of kin. The third is an action by the father of the minor to recover for the loss of his son’s services during his minority.
The question presented at the threshold of the cases is, who can maintain action against a railroad for an actionable injury resulting in the death of a minor ?
The answer involves a consideration of the common law and…
2Cases cited9 opinions
- The HarrisburgSupreme Court of the United States · 1886
- Insurance Co. v. BrameSupreme Court of the United States · 1878
- Littlewood v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1882
- Needham v. Grand Trunk Railway Co.Supreme Court of Vermont · 1865
- Jones v. Florence Mining Co.Wisconsin Supreme Court · 1886
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3Cited by66 opinions
- St. Louis S. F. R. Co. v. Goode, Adm'x.Supreme Court of Oklahoma · 1914
- Southern Bell Telephone & Telegraph Co. v. CassinSupreme Court of Georgia · 1900
- Fitzgerald v. HaleSupreme Court of Iowa · 1956
- Fitzpatrick v. OwensSupreme Court of Arkansas · 1916
- Texarkana Gas & Electric Light Co. v. OrrSupreme Court of Arkansas · 1894
61 more not listed; retrieve them via the Exa API.