Cole v. American Railway Express Co.

This action was commenced July 27, 1929, before S. W. King, a justice of the peace'in McDonald county. Judgment by default was rendered for plaintiff August 12, 1929. ' The cause was appealed to the Circuit Court’ of McDonald County. On August 23, 1932, by stipulation, the cause was transferred to Newton county circuit court, where on October 19, 1932, plaintiff was permitted to amend his petition by striking out the words “negligently and carelessly.” A jury upon a trial, rendered a verdict for the plaintiff'for $50: The petition omitting the words stricken out, is in substance as follows:

“Th…