Biddle v. Riley
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jeptha E. Evans, Judge; 1. Appellants and the St. Louis & San Francisco Bailroad Company were sued jointly, and both were served with process. When, on the tenth day of the term, the plaintiff -elected to take -a nonsuit, -or to discontinue the case .as to the railroad -company, this worked a continuance for the term, and the court erred in forcing appellants into trial -at that term.
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Appeal from Crawford Circuit Court; Jeptha E. Evans, Judge; 1. Appellants and the St. Louis & San Francisco Bailroad Company were sued jointly, and both were served with process. When, on the tenth day of the term, the plaintiff -elected to take -a nonsuit, -or to discontinue the case .as to the railroad -company, this worked a continuance for the term, and the court erred in forcing appellants into trial -at that term. Kirby’s Dig., § 6193 ; 4 Ark. 509; Id. 546; 18 Ark. 361; 9 Ark. 455-462; 33 la. 356; 8 Nev. 239; 21 Ene. PI. & Pr. 957; 36 Tex. 315-317; 73 Ark. 183-187; 83 Ark. 6-8; 58 Ark.…
1Opinion of the CourtMcCulloch, C. J.
This is ian ¡action to recover damages on account of personal injuries received .by the plaintiff Biley while he was a passenger enroute from Fort Smith to Mansfield over the railroad owned by the St. Louis & San Francisco Bailroad Company, which was 'being operated by the defendants as receivers appointed by one of the courts of the United States. There was ¡a collision of the train on which plaintiff was a passenger with a freight train operated over the same line by another company, fowit: The Midland Valley Bailroad Oompany, at a point between Bonanza, Arkansas, and Jenson, Arkansas ; the…
2Cases cited8 opinions
- Railway Co. v. SweetSupreme Court of Arkansas · 1895
- Louisville & Nashville R. R. v. DanielCourt of Appeals of Kentucky · 1906
- St. Louis & San Francisco Railroad v. CoySupreme Court of Arkansas · 1914
- Kluska v. YeomansWashington Supreme Court · 1909
- Ford v. FordSupreme Court of Arkansas · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
- Pope v. Edward M. Rude Carrier Corp.West Virginia Supreme Court · 1953
- Carter v. StateSupreme Court of Arkansas · 1973
- Pickwick Stages Corp. v. MessingerArizona Supreme Court · 1934
- Kleinman v. Banner Laundry Co.Supreme Court of Minnesota · 1921
19 more not listed; retrieve them via the Exa API.