St. Louis, Iron Mountain & Southern Railway Co. v. Corman
Supreme Court of Arkansas
Appeal from Franklin Circuit Court, Ozark District; Jeptha H. Evans, Judge; STATEMENT BY THE COURT. Murray L. Corman was a brakeman in the employ of the defendant railway company, and was killed by the derailment of an engine on which he was riding, in the discharge of his duties, on August 9, 1907, at Wagoner, I. T. The engine was pulling a local freight train, and was approaching Wagoner, and was within the yard limits.
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Appeal from Franklin Circuit Court, Ozark District; Jeptha H. Evans, Judge; STATEMENT BY THE COURT. Murray L. Corman was a brakeman in the employ of the defendant railway company, and was killed by the derailment of an engine on which he was riding, in the discharge of his duties, on August 9, 1907, at Wagoner, I. T. The engine was pulling a local freight train, and was approaching Wagoner, and was within the yard limits. Corman was on the running board of the engine, preparing to'go down on the pilot for the purpose of operating a switch for the train" to go in upon a siding. There was…
1Opinion of the Court
McCulloch, C. J.,
(after stating the facts). It is contended that the plaintiff cannot maintain this action, and that it can be maintained only by an administrator of the decedent’s estate. This question was attempted to be raised by a demurrer to the complaint on the alleged ground that the plaintiff was without legal capacity to sue. It was also shown by evidence that the parents of said decedent were living, and the contention is made that they might, as such parents, claim damages by reason of the death of their son, and that the suit should therefore have been brought by an administrator.
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2Cases cited8 opinions
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- Davis v. RailwaySupreme Court of Arkansas · 1890
- Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
- St. Louis, Iron Mountain & Southern Railway Co. v. HaistSupreme Court of Arkansas · 1903
- Choctaw, Oklahoma & Gulf Railroad v. ThompsonSupreme Court of Arkansas · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
- Brewer v. PooleSupreme Court of Arkansas · 2005
- St. Louis, Iron Mountain & Southern Railway Co. v. OwensSupreme Court of Arkansas · 1912
- Rice v. TannerSupreme Court of Arkansas · 2005
- Mosley v. Mohawk Lumber Co.Supreme Court of Arkansas · 1916
13 more not listed; retrieve them via the Exa API.