St. Louis, I. M. & S. Railway Co. v. Hecht
Supreme Court of Arkansas
APPEAL from Clay Circuit Court. Hon. L. L. Mack, Circuit Judge. 1. Plaintiff failed to prove ownership of the spokes. The allegation of ownership is not such an allegation as the Statute calls material, and requires to be specially denied by the answer. The denial of an allegation of ownership is covered by the general issue.
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APPEAL from Clay Circuit Court. Hon. L. L. Mack, Circuit Judge. 1. Plaintiff failed to prove ownership of the spokes. The allegation of ownership is not such an allegation as the Statute calls material, and requires to be specially denied by the answer. The denial of an allegation of ownership is covered by the general issue. McOlintock v. Lacy, 23 Arle., .215. As the general issue made by defendant’s answer was not objected to by motion to make more specific, plaintiff should have proven ■ under the Code all that was necessary to sustain his case .under the old practice. 2. There is no proof…
1Opinion of the CourtEnglish, C. J.
I. The first ground of the motion for a new trial was, that the plaintiff failed to prove his ownership of the spokes.
The action was brought against the St. Louis, Iron Mountain and Southern Railway Company by Levi Hecht, surviving partner of the mercantile firm of Hecht & Brother, composed of plaintiff and Samuel Hecht, deceased.
The complaint alleged, in substance, that on the twenty-seventh of November, 1879, plaintiff was the owner of about.40,000 sawed spokes, of the value of $480.00, which he had placed on a spur switch belonging to the defendant corporation, in the town of Corning,…
2Cited by8 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. BarnettSupreme Court of Arkansas · 1898
- Northern Pac. R. Co. v. LewisCourt of Appeals for the Ninth Circuit · 1892
- Richmond v. McNeillOregon Supreme Court · 1897
- Hawley v. Sumpter Railway Co.Oregon Supreme Court · 1907
- Talmadge v. Central of Georgia Railway Co.Supreme Court of Georgia · 1906
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