Butz v. Union Pacific Railroad

I believe that this court should announce to the Bar what leeway may be given to a construction of the pleadings and the issues framed thereby, after trial of the lawsuit and appeal to this court. The defendant railroad’s petition for rehearing raises this question, and it is a matter which was not given consideration in our former discussions.

Paragraph seven of the plaintiff’s complaint states as follows:

“That defendant was negligent, careless, heedless and reckless at the time and place aforesaid in the following particulars:

“(a) That defendant, well knowing that switchmen and other of…