St. Louis Southwestern Railway Co. v. Leder
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Southern District; George M. Chapline, Judge; 1. The question as to the amount sued for was controlled by the allegations of the complaint. A judgment by default for $3,000 would have been upheld, if no objection other than the amount were urged against it.
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Appeal from Prairie Circuit Court, Southern District; George M. Chapline, Judge; 1. The question as to the amount sued for was controlled by the allegations of the complaint. A judgment by default for $3,000 would have been upheld, if no objection other than the amount were urged against it. If such judgment would have been sustained, the cause was removable, and, petition and bond having been filed, the amendment did not divest the Federal court of jurisdiction. 40 Ark. 170; 60 Ark. 388. 2. Instructions given were misleading and inapplicable, and left the amount of damages to the jury…
1Opinion of the CourtHile, C. J.
Leder Bros, sued the railroad company for damages for failure to furnish cars on demand.
The first paragraph of the complaint alleged that in the month of December, 1903, they demanded 30 cars for lumber and hay which they had for shipment, and the company only furnished one car to them while furnishing to other shippers cars at the same station, and alleged damage. in the sum of $1,000. The second paragraph alleged that in November and December, 1903, they offered the railroad 60 carloads of freight, and demanded cars, and the company failed and refused to furnish them while furnishing…
2Cases cited2 opinions
- Madisonville Traction Company v. Saint Bernard Mining CompanySupreme Court of the United States · 1905
- St. Louis Southwestern Railway Co. v. Clay County Gin Co.Supreme Court of Arkansas · 1906
3Cited by3 opinions
- Hines v. MasonSupreme Court of Arkansas · 1920
- St. Louis Southwestern Railway Co. v. LederSupreme Court of Arkansas · 1908
- Vander Zyl v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1922