Legal Opinion

Billingsley v. St. Louis, Iron Mountain & Southern Railway Co.

Supreme Court of Arkansas

Decided December 16, 1907PublishedCited by 10 opinions

Appeal from Jackson Circuit Court; Frederick D. Fulkerson, Judge; STATEMENT BY THE COURT. This suit was instituted by one G. W. Hurley against the appellee to recover damages in the sum of $20,000, the alleged value of the services and companionship of Hurley’s wife, who, it was alleged, “was killed through the carelessness and negligence of appellee’s servants”, and “by the wrongful act, neglect or default of appellee.”

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Appeal from Jackson Circuit Court; Frederick D. Fulkerson, Judge; STATEMENT BY THE COURT. This suit was instituted by one G. W. Hurley against the appellee to recover damages in the sum of $20,000, the alleged value of the services and companionship of Hurley’s wife, who, it was alleged, “was killed through the carelessness and negligence of appellee’s servants”, and “by the wrongful act, neglect or default of appellee.” While the suit was pending, Hurley died, and it was sought to revive the cause in the name of appellant as his executor. The court, instead, abated the action, and this…

1Opinion of the Court

Wood, J.,

(after stating the facts.) The only question is: “did the cause of action survive the death of Hurley?” The action is based upon section 6288 of Kirby’s Digest as follows: “When a wife be killed in this State by the wrongful act, neglect or default of any person, company or corporation, the husband may have a cause of action therefor against such wrongdoer, and be entitled to damages for the services and companionship of his said wife in whatever amount the jury trying the cause may consider he is entitled to; provided, suit be brought within two years from the time the said cause of…

2Cases cited1 opinion

  1. Davis v. NicholsSupreme Court of Arkansas · 1891

3Cited by10 opinions

  1. Reed v. Real Detective Publishing Co.Arizona Supreme Court · 1945
  2. Pickens-Bond Construction Co. v. CaseSupreme Court of Arkansas · 1979
  3. Little Rock Gas & Fuel Co. v. CoppedgeSupreme Court of Arkansas · 1915
  4. Carne v. Maryland Casualty CompanyTennessee Supreme Court · 1961
  5. Jenkins v. Midland Valley RailroadSupreme Court of Arkansas · 1918

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