Choctaw, Oklahoma & Gulf Railroad v. Hickey
Supreme Court of Arkansas
Appeal from Saline Circuit Court; Alexander M. Duifie, Judge; 1. The court erred in overruling appellant’s motion to strike out the amendment to the complaint because (1) it set up a new and distinct cause of action which (2) did not exist at the time the original complaint was filed; (3) the facts stated in the amendment were not material to the case set up in the original complaint; (4) the additional cause of action cannot be joined with that in the original complaint…
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Appeal from Saline Circuit Court; Alexander M. Duifie, Judge; 1. The court erred in overruling appellant’s motion to strike out the amendment to the complaint because (1) it set up a new and distinct cause of action which (2) did not exist at the time the original complaint was filed; (3) the facts stated in the amendment were not material to the case set up in the original complaint; (4) the additional cause of action cannot be joined with that in the original complaint because (a) each kind of action does not affect all the parties to the action, and (b) both causes of action do not belong…
1Opinion of the CourtBattre, J.
On the 23rd day of May, 1902, R. PI. Hickey, in his lifetime, commenced an action against the Choctaw, Oklahoma and Gulf Railroad Company, in the Garland Circuit Court. Plaintiff stated his cause of action as follows:
“On the 9th day of January, 1902, plaintiff was on one of defendant’s trains on a through ticket from Memphis, in the State of Tennessee, to the city of Hot Springs, in Arkansas, and while such a passenger the train upon which he was traveling stopped at Little Rock, Arkansas, for the purpose of allowing the passengers on the train to procure dinner.
“That plaintiff left said…
2Cases cited3 opinions
- Holt County v. CannonSupreme Court of Missouri · 1893
- Thompson v. BrazileSupreme Court of Arkansas · 1898
- Witkowski v. HernCalifornia Supreme Court · 1890
3Cited by15 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. PapeSupreme Court of Arkansas · 1911
- Greer v. VaughanSupreme Court of Arkansas · 1910
- Warmack v. AskewSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. StellSupreme Court of Arkansas · 1908
- Huckaby v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1915
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