Midland Valley Railroad v. Lemoyne
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District; Daniel Hon, Judge; STATEMENT BY THE COURT. Stacey Lemoyne was killed by one of appellant’s cars in its yards at Tulsa, Oklahoma, on the 23d day of May, 1910. On the 20th of January, 1911,-Nellie B. Lemoyne, his widow, was granted letters of administration on his estate by the county court of Tulsa County, in the State of Oklahoma, and oii the 1st day of April, 1911, she obtained letters of administration out of the…
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Appeal from Sebastian Circuit Court, Greenwood District; Daniel Hon, Judge; STATEMENT BY THE COURT. Stacey Lemoyne was killed by one of appellant’s cars in its yards at Tulsa, Oklahoma, on the 23d day of May, 1910. On the 20th of January, 1911,-Nellie B. Lemoyne, his widow, was granted letters of administration on his estate by the county court of Tulsa County, in the State of Oklahoma, and oii the 1st day of April, 1911, she obtained letters of administration out of the probate court of Pope County, Arkansas, upon the estate of her deceased husband. On the 10th of April, 1911, she brought…
1Opinion of the Court
Wood, J.,
(after stating the facts.) 1. The statutes of Oklahoma and Arkansas in regard to recovery for death by wrongful act are so substantially similar that the courts of this State should not refuse to allow an action to be maintained by an administrator appointed in this State, or by an administrator appointed in the State of Oklahoma where the injury occurred, to maintain a suit for the recovery of damages for a death occurring in the State of Oklahoma. Sections 5943-5945, Compiled Laws of Oklahoma; Sections 6285, 6289 and 6290, Kirby’s Digest.
The laws of Oklahoma concerning the recovery…
2Cases cited8 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Stewart v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Aluminum Co. of North America v. RamseySupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. SparksSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. HesterlySupreme Court of Arkansas · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- McGinty v. Ballentine Produce, Inc.Supreme Court of Arkansas · 1966
- Kansas City Southern Railway Co. v. LeslieSupreme Court of Arkansas · 1914
- Ghilain v. CoutureSupreme Court of New Hampshire · 1929
- Burks Motors, Inc. v. International Harvester Co.Supreme Court of Arkansas · 1971
- The Western Union Telegraph Co. v. Byrd, Adm'x.Supreme Court of Arkansas · 1938
16 more not listed; retrieve them via the Exa API.