Kansas City Southern Ry. Co. v. Leslie
Supreme Court of Arkansas
Appeal from Little River Circuit Court; Jefferson T. Cowling, Judge; 1. The court erred in permitting the plaintiff to amend his complaint so as to charge concurrent neg.ligence, after plaintiff had closed his evidence and after defendant had filed a motion to require the plaintiff to elect upon which cause of action or act of negligence he would rely.
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Appeal from Little River Circuit Court; Jefferson T. Cowling, Judge; 1. The court erred in permitting the plaintiff to amend his complaint so as to charge concurrent neg.ligence, after plaintiff had closed his evidence and after defendant had filed a motion to require the plaintiff to elect upon which cause of action or act of negligence he would rely. There is no evidence tending to establish any act of negligence, unless it be the absence of end handholds'on the refrigerator car, and the absence of additional handholds on the tank ear, and there is, in fact, no proof of negligence in that…
1Opinion of the CourtKirby, J.
This is the second appearance of this case in this court, it having heretofore been appealed from the judgment rendered against the railway company and affirmed by an opinion in 112 Ark-. 306, where a sufficient statement of it appears. It was taken on a writ of error to the Supreme Court of the United States, where th'e judgment was reversed for error in the giving of instruction number 10, and remanded for further proceedings. 238 U. S. 599. That court in its opinion said: “Three substantial assignments of error demand consideration,” and after reviewing and deciding that said assignments 1…
2Cases cited11 opinions
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. CraftSupreme Court of the United States · 1915
- Gulf, Colorado & Santa Fe Railway Co. v. McGinnisSupreme Court of the United States · 1913
- Ross v. OregonSupreme Court of the United States · 1913
- Kansas City Southern Railway Co. v. LeslieSupreme Court of the United States · 1915
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3Cited by1 opinion
- Missouri Pac. R.R. Co., Thompson v. Gilbert, Adm.Supreme Court of Arkansas · 1944