Smith v. Wallis-McKinney Coal Co.
Supreme Court of Arkansas
Appeal from. Franklin Circuit Court, Ozark District; James Gochrcm, Judge; 1. - Tke court erred in striking from the amended complaint the clause alleging negligence.
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Appeal from. Franklin Circuit Court, Ozark District; James Gochrcm, Judge; 1. - Tke court erred in striking from the amended complaint the clause alleging negligence. This error appears on the face of the record, and the error was prejudicial. 184 S. W. 456; 123 Ark. 119; 165 Ky. 632; 177 S. W. 445. In an action for personal injury caused by the negligence of defendant, plaintiff may aver the negligence complained of in general terms and may then show any specific acts of negligence which the evidence conduces to support, but if he specifically avers the acts constituting the negligence, he…
1Opinion of the CourtWood, J.
This action was brought in the Franklin Circuit Court by the appellant against the appellee to recover damages which the appellant alleged resulted to the widow and next of kin and to the estate of E. A: Page, deceased, by the negligence of the appellee.
There was a jury trial, a verdict rendered and judgment entered in favor of the appellee as of September 27, 1918, and this appeal.
The record concerning the filing of a motion for a new trial contains the following recital:
“On this September 27,1918, the plaintiff being present by his attorney, Jo Johnson, and the defendant being present by…
2Cases cited14 opinions
- In Re WightSupreme Court of the United States · 1890
- Lowe v. HartSupreme Court of Arkansas · 1910
- Christisen v. BartlettSupreme Court of Kansas · 1906
- Lewis v. RossSupreme Judicial Court of Maine · 1854
- Ward v. MagnessSupreme Court of Arkansas · 1905
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McPherson v. StateSupreme Court of Arkansas · 1933
- Prout v. StateSupreme Court of Arkansas · 1974
- Holliman v. StateSupreme Court of Arkansas · 1948
- State v. MooreSupreme Court of Arkansas · 1924
- State v. WilhiteSupreme Court of Arkansas · 1947
4 more not listed; retrieve them via the Exa API.