Choctaw, Oklahoma & Gulf Railroad v. Doughty
Supreme Court of Arkansas
Appeal from Saline Circuit Court; Alexander M. DuFFiF, Judge; statfmfnt by thf court. That part of the complaint purporting to state the cause of action is as follows: “That on September 17, 1902, the said A. Watt Doughty was in the employment of the said defendant company as fireman upon one of its freight trains running from Hot Springs to Little Rock, Arkansas, and while he was thus engaged in the discharge of his duty as such fireman on said defendant’s freight train, as…
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Appeal from Saline Circuit Court; Alexander M. DuFFiF, Judge; statfmfnt by thf court. That part of the complaint purporting to state the cause of action is as follows: “That on September 17, 1902, the said A. Watt Doughty was in the employment of the said defendant company as fireman upon one of its freight trains running from Hot Springs to Little Rock, Arkansas, and while he was thus engaged in the discharge of his duty as such fireman on said defendant’s freight train, as it approached the city of Little Rock and within about one mile of the defendant company’s depot in said city, on said…
1Opinion of the Court
Wood, J.,
(after stating the facts.) 1. “The true doctrine,” says Mr. Pomeroy, “to be gathered from all the cases is that if the substantial facts which constitute a cause of action are stated in the complaint or petition, or can be inferred by reasonable intendment from the matters which are set forth, although the allegations of these facts are imperfect, incomplete, or defective, such insufficiency pertaining, however, to the form rather than the substance, the proper mode of correction is not by demurrer, nor by excluding the evidence at the trial, but by a motion before the trial to make…
2Cases cited27 opinions
- Holbrook v. . the Utica and Schenectady Railroad Co.New York Court of Appeals · 1855
- Railway Co. v. TriplettSupreme Court of Arkansas · 1891
- Ogden v. OgdenSupreme Court of Arkansas · 1894
- Fones v. PhillipsSupreme Court of Arkansas · 1882
- St. L., I. M. & S. Ry. v. GainesSupreme Court of Arkansas · 1885
22 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. SteelSupreme Court of Arkansas · 1917
- Smith v. BoswellSupreme Court of Arkansas · 1909
- Arkansas Light & Power Co. v. JacksonSupreme Court of Arkansas · 1924
- Carrick v. GormanSupreme Court of Arkansas · 1960
- Roberts & Scheffer Co. v. JonesSupreme Court of Arkansas · 1907
16 more not listed; retrieve them via the Exa API.