St. Louis & San Francisco Railroad v. Wyatt
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; 1. Where a complaint alleges in one count a breach of contract to provide protection for a passenger, and in another count charges false imprisonment, there is a misjoinder, and a motion to strike out one of the causes of action .should be sustained. Kirby’s Digest, § § 6079-6081; 69 Ark. 209; 80 Ark. 167. A misjoinder renders the entire declaration bad. 23 Ark. 63 7- 2..
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Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; 1. Where a complaint alleges in one count a breach of contract to provide protection for a passenger, and in another count charges false imprisonment, there is a misjoinder, and a motion to strike out one of the causes of action .should be sustained. Kirby’s Digest, § § 6079-6081; 69 Ark. 209; 80 Ark. 167. A misjoinder renders the entire declaration bad. 23 Ark. 63 7- 2.. An allegation, in the alternative, that the agent knew, or by the exercise of ordinary care could have known, that the plaintiff was threatened with injury, etc.,…
1Opinion of the CourtWood, J.
Bertie Wyatt, a young man nineteen years old, in company with Arthur Wood, another young man, on the 15th of October 'left his home to attend a circus at Ft. Smith. He carried with him a black slicker. After the circus they went to the depot to purchase a ticket to Van Burén over appellant’s road. Appellee asked the ticket agent when the train was due, and he replied at six o’clock, but informed appellee that the train was an hour and a half late. Appellee then left the ticket office without purchasing his ticket, went out of the door, met some companions not far from the door and near the…
2Cited by3 opinions
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- Arkansas Natural Gas Co. v. LeeSupreme Court of Arkansas · 1914