Legal Opinion

Chicago, Rock Island & Pacific Railway Co. v. McBride

Supreme Court of Arkansas

Decided October 28, 1918PublishedCited by 2 opinions

Appeal from Seb'astain Circuit Court, Port Smith district; Paul Little, judge; 1. The demurrer should have been sustained. Appellant was not liable for the negligence of the servants of the receiver.

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Appeal from Seb'astain Circuit Court, Port Smith district; Paul Little, judge; 1. The demurrer should have been sustained. Appellant was not liable for the negligence of the servants of the receiver. Appellant was not a party to the suit nor bound thereby as a privy. 96 Ark. 451; 75 Id. 1; 105 Id. 86; 96 Id. 405; 34 Id. 291; 35 Id. 62; 82 Id. 414; 80 Id. 82; 1 Fed. 641-643; 4 Pet. 475; 74 Atl. 254; 110 Pac. 1037. There was no privy between the corporation and its receiver. 23 Enc. Law (2 ed.) 101. 2. A railroad is not liable for the negligence of the servants of its receiver. The receiver’s…

1Opinion of the CourtHumphreys, J.

Appellee filed suit against appellant on the 22d day of March, 1918, in the circuit court of Sebastian County, Ft. Smith District, on a judgment of $20,000 which appellee had recovered against Jacob M. Dickinson, receiver of appellant, on the 22d day of March, 1916, in the Southern District of the Prairie Circuit Court. The complaint alleged, in substance, that appellee is a resident and citizen of Little Rock, Arkansas; that appellant is an Illinois corporation engaged in operating a railroad in the State of Arkansas; that on the 22d day of March, 1916, appellee recovered a judgment in the…

2Cases cited7 opinions

  1. McNulta v. LockridgeIllinois Supreme Court · 1891
  2. Texas & Pacific Railway Co. v. JohnsonSupreme Court of the United States · 1894
  3. Texas Pacific Railway Co. v. JohnsonTexas Supreme Court · 1890
  4. Texas & Pacific Railway Co. v. BaileyTexas Supreme Court · 1892
  5. Texas & Pacific Railway Co. v. Bloom's AdministratorSupreme Court of the United States · 1897

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Bolton v. Missouri Pacific RailroadSupreme Court of Arkansas · 1923
  2. Herman v. Frank Martz Coach Co., Pennsylvania Court of Common Pleas, Monroe County1941

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