Southern Cotton Oil Co. v. Campbell
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; STATEMENT BY THE COURT. This is a suit by the appellee against the appellant for personal injuries.
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Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; STATEMENT BY THE COURT. This is a suit by the appellee against the appellant for personal injuries. The complaint alleged that the plaintiff was employed by defendant to work at one or more of its gin-stands, operated by means of belts connecting the gin-stands; that said belts were exposed and without guards to shield them and protect the employees; that one of the belts had become unsound, out of repair and unsafe; that the employee whose duty it was to keep said belt in repair, by the exercise of ordinary diligence,…
1Opinion of the Court
Wood, J.,
(after stating the facts.) 1. Appellant insists here for the first time that the complaint does not state a cause of action. There was no demurrer to the complaint. The testimony was fully developed without objection, tending to establish negligence in certain particulars, which we will hereinafter mention, and sufficient to warrant the finding of the jury and the judgment of the court. Therefore, even if the complaint in the first place had failed to state a cause of action this court would treat the same as amended to conform to the proof. Texarkana Gas Co. v. Orr, 59 Ark. 215;…
2Cases cited12 opinions
- Texarkana Gas & Electric Light Co. v. OrrSupreme Court of Arkansas · 1894
- St. Louis, Iron Mountain & Southern Railway Co. v. BirdSupreme Court of Arkansas · 1913
- Ward v. StateSupreme Court of Arkansas · 1908
- Arkansas Mutual Fire Insurance v. StuckeySupreme Court of Arkansas · 1907
- Scott v. StateSupreme Court of Arkansas · 1905
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Swaim v. StateSupreme Court of Arkansas · 1974
- Baker v. City of Little RockSupreme Court of Arkansas · 1969
- Hinkle v. LassiterSupreme Court of Arkansas · 1920
- Smith v. PerkinsSupreme Court of Arkansas · 1969
- Arkansas Valley Industries, Inc. v. GilesSupreme Court of Arkansas · 1967
1 more not listed; retrieve them via the Exa API.