Chicago, Rock Island & Pacific Railway Co. v. McCoy

This is the second appeal in this case. The opinion in the former appeal appears in 203 Ark. 596, 157 S. W. 2d 761. It was there held that the purported bill of exceptions was not filed within the time and in the manner required by law, and as no error appeared upon the face of the record the judgment was affirmed.

It was alleged in the original complaint in this case that plaintiff’s intestate sustained an injury which caused his death while employed by the railway company, and suit was brought to recover damages therefor.

After the affirmance of the judgment, for the reason just stated, a…