Arkansas Central Railroad v. Bennett
Supreme Court of Arkansas
. Appeal from Franklin Circuit Count; Jefitha H. Evans, Judge; x. After permitting the plaintiff to amend his complaint so as to set up another cause of action, the court erred in refusing to postpone or continue the trial. Under the original complaint, appellant had no .reason to anticipate that the testimony of the engineer and fireman would be required.
Read the full summary
. Appeal from Franklin Circuit Count; Jefitha H. Evans, Judge; x. After permitting the plaintiff to amend his complaint so as to set up another cause of action, the court erred in refusing to postpone or continue the trial. Under the original complaint, appellant had no .reason to anticipate that the testimony of the engineer and fireman would be required. Hence it was not at fault in not having present these witnesses whose testimony would be necessary to meet the new issue raised by the .amendment. 67 Ark. 142; 71 Ark. 197; 55 Ark. 568; 75 Ark. 465; 59 Ark. 165; 84 N. Y. 420; 1 Enc. PI. &…
1Opinion of the CourtRiddick, J.
This is an action by A. S. Bennett against the Arkansas Central Railroad Company to recover damages for an injury caused by his falling from the steps of a car and sustaining injuries which necessitated the amputation of an arm. Bennett alleged in his complaint that he had bought a ticket and taken passage over the road of defendant from Paris, Arkansas, Ft. Smith. The train was a mixed train, composed of freight and passenger cars. When the train stopped at Uavaca, a station between the two points named, and while the crew of the train were switching cars, plaintiff alighted from the train…
2Cases cited5 opinions
- Parsons v. New York Central & Hudson River RailroadNew York Court of Appeals · 1889
- Chicago, Rock Island & Pacific Railway Co. v. SattlerNebraska Supreme Court · 1902
- State v. Grand Trunk Railway Co. of CanadaSupreme Judicial Court of Maine · 1870
- Hatch v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1905
- Krumm v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1903
3Cited by6 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. GlossupSupreme Court of Arkansas · 1908
- Missouri Pacific Railroad v. KennedySupreme Court of Arkansas · 1922
- Moffit v. Grand Rapids Railway Co.Michigan Supreme Court · 1924
- Emerson v. Carolina Cas. Ins. CoCourt of Appeals for the Eighth Circuit · 1953
- St. Louis, Iron Mountain & Southern Railway Co. v. RushSupreme Court of Arkansas · 1908
1 more not listed; retrieve them via the Exa API.