Illinois Central Ry. Co. v. Houchins
Court of Appeals of Kentucky
CASE 57 — ACTION BY J. E. HOUCHINS AGAINST THE ILLINOIS CENTRAL RY. CO. FOR DAMAGES FOR PERSONAL INJURIES. Appeal from Muhlenberg Circuit Court. "W. P. Sandidge, Circuit Judge. Judgment for plaintiff. Defendant appeals. We earnestly insist that in this case we had the right to so amend the appellant’s answer as to make that pleading conform to the facts which were within our knowledge, and for the further purpose of securing the benefit of the concluding argument.
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CASE 57 — ACTION BY J. E. HOUCHINS AGAINST THE ILLINOIS CENTRAL RY. CO. FOR DAMAGES FOR PERSONAL INJURIES. Appeal from Muhlenberg Circuit Court. "W. P. Sandidge, Circuit Judge. Judgment for plaintiff. Defendant appeals. We earnestly insist that in this case we had the right to so amend the appellant’s answer as to make that pleading conform to the facts which were within our knowledge, and for the further purpose of securing the benefit of the concluding argument. It is perfectly clear that the proposed amendment did not change substantially the claim of the appellee or the defense of the…
1Opinion of the Court
Opinion op the Court by
Judge Lassing
Affirming.
This is the second appeal of tjiis case. The former opinion in which the facts are set ont in detail is found in 121 Ky. 526, 89 S. W. 530, 28 Ky. Law Rep. 499, 1 L. R. A. (N. S.) 375.
Upon a retrial plaintiff recovered a judgment for $6,500, and the defendant company seeks a reversal of this judgment primarily upon two .grounds: First, That the trial court erred, to its prejudice, in refusing to permit an amended answer to he filed, in which, for the purpose of securing the closing argument, the defendant company admitted that the injuries…
2Cases cited6 opinions
- Butler v. Manhattan Railway Co.New York Court of Appeals · 1894
- Illinois Central Ry. Co. v. HouchinsCourt of Appeals of Kentucky · 1905
- Leahey v. Cass Avenue & Fair Grounds Railway Co.Supreme Court of Missouri · 1888
- Hermes v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1891
- Coffin v. BradburyIdaho Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Trevillian v. BoswellCourt of Appeals of Kentucky (pre-1976) · 1931
- Consolidated Coach Corporation v. Earl's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1936
- Fidelity & Casualty Co. v. CooperCourt of Appeals of Kentucky · 1910
- Louisville Ry. Co. v. Johnson's Admr.Court of Appeals of Kentucky · 1909
- National Life Accident Ins. Company v. HedgesCourt of Appeals of Kentucky (pre-1976) · 1930
14 more not listed; retrieve them via the Exa API.