Moody v. Jonesboro, Lake City & Eastern Railroad
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court; Prank Smith, Judge; STATEMENT BY THE COURT. Mrs. Malinda Moody was struck by the caboose of a backing train on the Jonesboro, Lake City & Eastern Railroad. She was thrown to the ground, and the tram passed over her right leg so that it had to be amputated above the knee.
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Appeal from Mississippi Circuit Court; Prank Smith, Judge; STATEMENT BY THE COURT. Mrs. Malinda Moody was struck by the caboose of a backing train on the Jonesboro, Lake City & Eastern Railroad. She was thrown to the ground, and the tram passed over her right leg so that it had to be amputated above the knee. She brought an action against the railroad company and recovered judgment for $12,000. J. A. Moody, her husband, also brought an action against the company to recover $500 on account of medical expenses incurred and $20,000 for loss of his wife’s services, society and companionship and…
1Opinion of the Court
Riddick, J.,
(after 'stating the facts.) The appeal in this case was premature as no final judgment was rendered: The plaintiff filed a demurrer to the answer of defendant, which the court sustained as to certain defenses set up in the answer and overruled to other defenses contained therein. But no judgment was rendered disposing of the action in anyway, not even a judgment for costs was rendered.
An order overruling or sustaining a demurrer without further action by the court is not appealable. Benton County v. Rutherford, 30 Ark. 665; 2 Cyc. 605; 2 Am. & Eng. Enc. Law, 114.
Appeal dismissed…
2Cases cited1 opinion
- Benton County v. RutherfordSupreme Court of Arkansas · 1875
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- State v. Greenville Stone & Gravel Co.Supreme Court of Arkansas · 1916
- Adams v. PrimmerSupreme Court of Arkansas · 1912
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