Kansas & Texas Coal Co. v. Gabsky
Supreme Court of Arkansas
Cross appeals from Sebastain Circuit Court, Greenwood District. Styles T. Bowe, Judge. Appellee had no right of action, as surviving parent, for loss of services, because death was instantaneous. 53 Ark. 127; Bodg. Dom.
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Cross appeals from Sebastain Circuit Court, Greenwood District. Styles T. Bowe, Judge. Appellee had no right of action, as surviving parent, for loss of services, because death was instantaneous. 53 Ark. 127; Bodg. Dom. Bel. § 536. Gf. 125 Mass. 130; 17 Ind. 323; 24 Wend. 429. If the action be treated as one instituted under Sand. & H. Dig., § 5908, or id. § 5058, it must fail, because those statutes do not embrace an action for death by the next of kin, nor provide for survival of same except to the administrator. 41 Ark. 295; 54 Ark. 358. Our statute creating liability of mine-owners for…
1Opinion of the CourtBunn, C. J.
This is a suit for damages occasioned by the death of the minor son of the plaintiff Mary Gabsky, while working in a coal mine of the appellant in Sebastian county, Arkansas, on the 28th day of January, 1899.
The complaint is as follows: “Now comes the plaintiff, Mary Gabsky, for herself, and Sophia Gabsky and Stephen Gabsky, minors, by Mary Gabsky, their next friend, and say:
“(1.) That they are resident? of Sebastian county, Arkansas, and the defendant is a corporation organized under the laws of Missouri, and. engaged in the business of mining coal in Arkansas at all the dates hereinafter…
2Cited by2 opinions
- Ashcraft v. Jerome Hardwood Lumber Co.Supreme Court of Arkansas · 1927
- New Union Coal Company v. WalkerSupreme Court of Arkansas · 1930