Legal Opinion

Butler County Railroad v. Exum

Supreme Court of Arkansas

Decided June 5, 1916PublishedCited by 3 opinions

Appeal from Clay Circuit Court, Western District; J. F. Gautney, Judge; STATEMENT BY THE COURT. The appellee sued appellant, alleging that it was operating a railroad from Poplar Bluff, Mo., to Piggott, Ark.; that appellee purchased a ticket at Poplar Bluff for Pollard, on appellant’s line;, that she and her four children were passengers on the train; that appellant unlawfully permitted drunken persons to get on the train, and that they abused appellee, cursing her, tearing…

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Appeal from Clay Circuit Court, Western District; J. F. Gautney, Judge; STATEMENT BY THE COURT. The appellee sued appellant, alleging that it was operating a railroad from Poplar Bluff, Mo., to Piggott, Ark.; that appellee purchased a ticket at Poplar Bluff for Pollard, on appellant’s line;, that she and her four children were passengers on the train; that appellant unlawfully permitted drunken persons to get on the train, and that they abused appellee, cursing her, tearing up her basket and scattering its contents over the car, calling her vile names and using vulgar language in her…

1Opinion of the Court

Wood, J.,

(after stating the fácts). (1) Large discretion is vested in trial courts under our statute and decisions in the matter of permitting amendments to, pleadings. The ruling of a trial court in allowing amendments before the trial has commenced, and after it has begun and before it is ended, and even after the evidence has all been taken to conform to the proof, will be sustained unless there is a manifest abuse of discretion. American Bonding Co. v. Morris, 104 Ark. 276; Oakleaf Mill Co. v. Cooper, 103 Ark. 82; Rucker v. Martin, 94 Ark. 365; McFadden v. Stark, 58 Ark. 7.

(2-3) Appellant…

2Cases cited4 opinions

  1. Rucker v. MartinSupreme Court of Arkansas · 1910
  2. American Bonding Co. v. MorrisSupreme Court of Arkansas · 1912
  3. St. Louis, Iron Mountain & Southern Railway Co. v. PowerSupreme Court of Arkansas · 1899
  4. McFadden v. StarkSupreme Court of Arkansas · 1893

3Cited by3 opinions

  1. Bill C. Harris Construction Co. v. PowersSupreme Court of Arkansas · 1977
  2. Hines v. RiceSupreme Court of Arkansas · 1920
  3. National Cash Register Co. v. HoltSupreme Court of Arkansas · 1937

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