Texarkana & Fort Smith Railway Co. v. Adcock
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Geo. R. Haynie, Judge; 1. The court should have directed a verdict for defendant. The injury occurred in Texas, and under its laws damages for personal injuries to the wife are community property for which alone the husband can sue, and the complaint does not state a cause of action. Under the laws of Arkansas defendant never waives the failure of the complaint to state a cause of action. C. & M. Digest, § 1192, and cases cited.
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Appeal from Miller Circuit Court; Geo. R. Haynie, Judge; 1. The court should have directed a verdict for defendant. The injury occurred in Texas, and under its laws damages for personal injuries to the wife are community property for which alone the husband can sue, and the complaint does not state a cause of action. Under the laws of Arkansas defendant never waives the failure of the complaint to state a cause of action. C. & M. Digest, § 1192, and cases cited. The right of plaintiff to recover was raised. As to matters of evidence the law of the former governs. 113 Ark. 265; 142 Id. 159.…
1Opinion of the CourtWood, J.
This action was brought by the appellee against the appellant. The appellee 'alleged that she was a passenger on appellant’s train from Texarkana, Arkansas, to Bloomburg, Texas; that when the appellant stopped its train at Bloomburg for the purpose of allowing the appellee and other passengers to alight, there were standing on its platform other persons who desired to take'passage on that train, and, before the appellee, in the exercise of ordinary care had time to debark, other persons were allowed to board the train in such numbers that appellee thereby was prevented from getting off until…
2Cases cited16 opinions
- Carpenter v. StateSupreme Court of Arkansas · 1896
- St. Louis & San Francisco Railroad v. CoySupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. HesterlySupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. BrownSupreme Court of Arkansas · 1899
- A. L. Clark Lumber Co. v. NorthcuttSupreme Court of Arkansas · 1910
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3Cited by4 opinions
- Yockey v. St. Louis-San Francisco Railway Co.Supreme Court of Arkansas · 1931
- Lopez v. WaldrumSupreme Court of Arkansas · 1970
- Lopez v. Waldrum EstateSupreme Court of Arkansas · 1970
- Heathcock v. BrookeSupreme Court of Arkansas · 1925