St. Louis, Iron Mountain & Southern Railway Co. v. Goss
Supreme Court of Arkansas
Appeal from Boone Circuit Court; Brice B. Hudgins, Judge; STATEMENT BY THE COURT. The appellee alleged in his original complaint that the defendant company on the nth day of July, 1908, by its freight train known as “Red Ball” No. 253, at or near mile post No. 64 in said county, negligently struck and killed a mare, and negligently chased said mare for a long distance, and on to an open span to a bridge, where her feet went through, and she lay helpless on the track in front…
Read the full summary
Appeal from Boone Circuit Court; Brice B. Hudgins, Judge; STATEMENT BY THE COURT. The appellee alleged in his original complaint that the defendant company on the nth day of July, 1908, by its freight train known as “Red Ball” No. 253, at or near mile post No. 64 in said county, negligently struck and killed a mare, and negligently chased said mare for a long distance, and on to an open span to a bridge, where her feet went through, and she lay helpless on the track in front of said train; and that said company and its agents stopped said train and wantonly rolled said mare off the track and…
1Opinion of the CourtWood, J.
(after stating the facts). The court did not abuse its discretion in permitting the amendment. The original com-' plaint alleged that appellant “negligently struck and killed a mare, and negligently chased said mare for a long distance and on to an open span to a bridge,” etc. The amendment was substantially a repetition of the above allegation. It did not change the cause of action.
There was evidence to warrant the conclusion that the mare was “negligently run into the bridge.” ' It appears that the animal ran two hundred yards by the side of the rails, from the place where she first got on…
2Cases cited4 opinions
- L. R. & F. S. Railway Co. v. TrotterSupreme Court of Arkansas · 1881
- St. Louis Southwestern Railway Co. v. CostelloSupreme Court of Arkansas · 1900
- Arkansas & Louisiana Railway Co. v. SandersSupreme Court of Arkansas · 1901
- St. Louis & San Francisco Railroad v. SatterfieldSupreme Court of Arkansas · 1905