St. Louis, Iron Mountain & Southern Railway Co. v. Power
Supreme Court of Arkansas
Appeal from Saline Circuit Court. Appellee should not have been permitted to make the amendment, setting up a new cause of action, without giving appellee additional time. Newm. PL & Pr. 704, 705; 22 Barb. 116. The court should have given appellant additional time on the ground of surprise. 62 Cal. 443; 77 Mo. 26; 6 How. Pr. 336; 5 Abb. 203; 52 How. Pr. 193; 7 Rob. (La.) Ill; 34 Barb. 291-295; 33 N. Y. 69; 39 Cal. 555; 6 Abb.
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Appeal from Saline Circuit Court. Appellee should not have been permitted to make the amendment, setting up a new cause of action, without giving appellee additional time. Newm. PL & Pr. 704, 705; 22 Barb. 116. The court should have given appellant additional time on the ground of surprise. 62 Cal. 443; 77 Mo. 26; 6 How. Pr. 336; 5 Abb. 203; 52 How. Pr. 193; 7 Rob. (La.) Ill; 34 Barb. 291-295; 33 N. Y. 69; 39 Cal. 555; 6 Abb. N. Cas. 378; 23 Ark. 543, 545; Sand. & H. Dig., 5839. The court erred in the admission of evidence as to the condition of the caboose af the local freight on which…
1Opinion of the CourtWood, J.
The appellee alleged that she was a passenger m appellant’s train going from Little Rock to Mabelvale, and ;hat she was negligently and carelessly carried by said station, Vlabelvale, and was put off at the station of Alexander. She sets out how she was inconvenienced thereby, and for this, and she distress of body and mind incident thereto, she claimed damages in the sum of $2,000. The appellant answered, delying the allegations of the complaint, and- alleging that the srain did stop at Mabelvale, but that appellee, through negligence and carelessness, did not alight at said station,…
2Cases cited2 opinions
- Fordyce v. NixSupreme Court of Arkansas · 1893
- Fretwell v. LaffoonSupreme Court of Missouri · 1882
3Cited by11 opinions
- Bill C. Harris Construction Co. v. PowersSupreme Court of Arkansas · 1977
- Little Rock Railway & Electric Co. v. DobbinsSupreme Court of Arkansas · 1906
- Childs v. PhilpotSupreme Court of Arkansas · 1972
- Sarna v. FairweatherSupreme Court of Arkansas · 1970
- Butler County Railroad v. ExumSupreme Court of Arkansas · 1916
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