Brown v. St. L., I. M. & S. Ry.
Supreme Court of Arkansas
APPEAL from Clark Circuit Court. R. D. Hearn, Judge. Maria Brown brought this action against the St. L., 1. M. ■& S. Ry. to recover damages for the killing of her minor son, W. C. Brown.
Read the full summary
APPEAL from Clark Circuit Court. R. D. Hearn, Judge. Maria Brown brought this action against the St. L., 1. M. ■& S. Ry. to recover damages for the killing of her minor son, W. C. Brown. Her complaint alleges that on the 27th day of June, 1887, the deceased was a passenger on one of the defendant’s freight trains, and that while the train was running he was assaulted and thrown from it by the defendant’s ■employes, and that he thus received wounds from which he •died a few hours later. The answer of the defendant specifically denies each allegation of the complaint, and alleges contributory…
1Opinion of the Court
Per Curiam,
Instructions : "Practice" New trial. 1. Maria Brown, the plaintiff, was not prejudiced by the court’s refusal to instruct the jury that they ... . ... might return a verdict for punitive damages, because by their finding she was entitled to nothing.
2. The plaintiff’s third prayer for instruction was inconsistent with the ruling in Monday v. St. L., I. M. and S. Ry. Co., 49 Ark., 257. Moreover, it was not responsive to the cause of action stated in the complaint.
3. Upon the cause of action made by the complaint, it was necessary for the plaintiff to prove that the deceased was…
2Cited by6 opinions
- St. Louis & San Francisco Railroad v. KilpatrickSupreme Court of Arkansas · 1899
- Ark. State Highway Comm. v. KennedySupreme Court of Arkansas · 1961
- St. Louis, Iron Mountain & Southern Ry. Co. v. HairstonSupreme Court of Arkansas · 1916
- Grand Lodge, Colored K. P. of Grand Jurisdiction v. SanfordCourt of Appeals of Texas · 1926
- Bond v. Mo. Pac. R. Co.Supreme Court of Arkansas · 1961
1 more not listed; retrieve them via the Exa API.