Cumbie v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; STATEMENT BY THE COURT. This was a suit by the appellants against the appellee to recover damages for loss to a shipment of peaches which appellants allege in their complaint were delivered to the appellee at Greenwood, Arkansas, for shipment to St. Joseph, Missouri, and that through the negligence of appellee in carrying out its contract, (which alleged acts of negligence are specifically set out in the complaint),…
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Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; STATEMENT BY THE COURT. This was a suit by the appellants against the appellee to recover damages for loss to a shipment of peaches which appellants allege in their complaint were delivered to the appellee at Greenwood, Arkansas, for shipment to St. Joseph, Missouri, and that through the negligence of appellee in carrying out its contract, (which alleged acts of negligence are specifically set out in the complaint), plaintiffs were damaged, for which the appellants pray judgment. The complaint in the present case is, in all essential…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. Conceding, without deciding, that the amendments tendered contained subject-matter germane to the cause of action set up in the original complaint, the court nevertheless did not abuse its discretion in refusing to allow these amendments to be made at the time when they were offered. Appellants did not offer to amend the complaint until- several days after the cause of action had been dismissed.
The court, in sustaining the demurrer and dismissing the complaint for the reasons set forth in the sixth and seventh grounds of the demurrer thereto, held that…
2Cases cited8 opinions
- Western Union Telegraph Co. v. MoxleySupreme Court of Arkansas · 1906
- Arkadelphia Milling Co. v. Smoker Merchandise Co.Supreme Court of Arkansas · 1911
- St. Louis & San Francisco Railroad v. KellerSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. CumbieSupreme Court of Arkansas · 1911
- Chicago, Rock Island & Pacific Railway Co. v. WilliamsSupreme Court of Arkansas · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Metz Co. v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1917
- Temple Cotton Oil Company v. DavisSupreme Court of Arkansas · 1925
- Warren & Ouachita Valley Railway Co. v. Southern Lumber Co.Supreme Court of Arkansas · 1914
- Missouri & North Arkansas Railroad v. WardSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. ShepherdSupreme Court of Arkansas · 1914
8 more not listed; retrieve them via the Exa API.