St. Louis, Iron Mountain & Southern Railway Co. v. Robertson
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. The plaintiff alleged that on the 12th day of September, 1908, plaintiff’s intestate, Clint Ruff, boarded one of defendant’s local freight trains at Walnut Lake, Arkansas, and became a passenger thereon, intending to go to Dumas, Arkansas, another station on defendant’s railroad; that a short distance from Walnut Lake, while the train was upon a high trestle over a body of water, defendant’s…
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Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. The plaintiff alleged that on the 12th day of September, 1908, plaintiff’s intestate, Clint Ruff, boarded one of defendant’s local freight trains at Walnut Lake, Arkansas, and became a passenger thereon, intending to go to Dumas, Arkansas, another station on defendant’s railroad; that a short distance from Walnut Lake, while the train was upon a high trestle over a body of water, defendant’s conductor in charge of the train wilfully and maliciously, negligently and carelessly, without any cause whatever,…
1Opinion of the Court
Wood, J.,
(after stating the facts.) Appellant contends that the fiction is barred under section 5065 of Kirby’s Digest, which provides: “All actions for criminal assaults and battery and false imprisonment shall be commenced within one year after the cause of action shall accrue, and not after.”
Clint (Ruff was killed on the 12th of September, 1908, and the suit was instituted on June 1, 1911. The complaint alleged that Ruff was a passenger, and that his death was caused by the wilful, malicious and negligent conduct of appellant’s servant in assaulting Ruff and knocking him from the train…
2Cases cited11 opinions
- Davis v. RailwaySupreme Court of Arkansas · 1890
- Aluminum Co. of North America v. RamseySupreme Court of Arkansas · 1909
- Texarkana Gas & Electric Light Co. v. OrrSupreme Court of Arkansas · 1894
- Railway Co. v. HackettSupreme Court of Arkansas · 1894
- St. Louis, Iron Mountain & Southern Railway Co. v. DawsonSupreme Court of Arkansas · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Jefferson v. NeroSupreme Court of Arkansas · 1955
- Smith v. Missouri Pacific RailroadSupreme Court of Arkansas · 1927
- Hicks v. Missouri Pacific Railroad CompanyDistrict Court, W.D. Arkansas · 1960
- St. Louis S.W. Ry. Co. v. Braswell, AdministratorSupreme Court of Arkansas · 1939
- American Railway Express Co. v. MackleySupreme Court of Arkansas · 1921
10 more not listed; retrieve them via the Exa API.