Allegheny Improvement Co. v. Weir
Supreme Court of Arkansas
Appeal from Carroll Circuit Court, Eastern District; 7. S. Maples, Judge; 1. Negligence is but an inference or conclusion drawn from facts alleged and proved, and a complaint should contain, not conclusions or inferences of law, but a statement, concise in form, from which they are drawn. 41 Mich. 435; 66 N. W. 842; 10 Minn. 151; 26 Pac. 560; 41 Atl. (N. J.) 710; 43 Atl. (R. I.) 536; 14 Enc.
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Appeal from Carroll Circuit Court, Eastern District; 7. S. Maples, Judge; 1. Negligence is but an inference or conclusion drawn from facts alleged and proved, and a complaint should contain, not conclusions or inferences of law, but a statement, concise in form, from which they are drawn. 41 Mich. 435; 66 N. W. 842; 10 Minn. 151; 26 Pac. 560; 41 Atl. (N. J.) 710; 43 Atl. (R. I.) 536; 14 Enc. PI. & Pr. 335; Id. 336. A motion to make more definite and certain would have been the proper method of reaching defects in the complaint in the case at bar. 40 Ark. 277; 53 Ark. 453; 66 Ark. 280; 70 Ark.…
1Opinion of the CourtMcCueeoch, C. J.
In the year 1908 defendant, Allegheny Improvement Company, a foreign corporation, was doing construction work for the Missouri & North Arkansas Railroad Company in the northern part of this State, and the railroad company furnished to said defendant a train-crew of men to operate a steam ditcher in the prosecution of said construction work. The men composing the train-crew 'became, 'according to the contract, servants of defendant during the progress of this work, and were under the orders of Mr. Nicholas, defendant’s general foreman. Plaintiff was a member of the crew, being a brakeman.
While…
2Cases cited2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. AndrewsSupreme Court of Arkansas · 1906
- Fordyce v. KeySupreme Court of Arkansas · 1905
3Cited by3 opinions
- Central Coal & Coke Co. v. FitzgeraldSupreme Court of Arkansas · 1920
- Yazoo & Mississippi Valley Railroad v. SolomonSupreme Court of Arkansas · 1916
- Payne v. WeisigerCourt of Appeals of Texas · 1921