Little Rock Traction & Electric Co. v. Hicks
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; j. As to the railway company, the suit was ex contraclu. The amount involved was less than $100. The circuit court was without jurisdiction as to it. Sec. 40, art. 7, Const.
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Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; j. As to the railway company, the suit was ex contraclu. The amount involved was less than $100. The circuit court was without jurisdiction as to it. Sec. 40, art. 7, Const. This court will consider the question of jurisdiction, though not raised below. 45 Ark. 346; 45 Ark. 450; 48 Ark. 301. The court erred in permitting it to be brought in by amendment. 44 Ark. 375. 2. The evidence is not sufficient to sustain the verdict. The statute, Kirby’s Digest, § 6773, does not apply to street railways. There is no presumption of negligence…
1Opinion of the CourtBattle, J.
Mrs. H. L. Hicks brought an action before a justice of the peace of Pulaski County against the Tittle Rock Traction & Electric Company, a street railway company, for damages caused by it negligently injuring a cow belonging to her. The amount sued for was $75. In a trial before the justice of the peace the defendant recovered judgment. Plaintiff then appealed to the circuit court, and on the first of October, 1904, filed in that court an amendment to her complaint, in which she made the Tittle Rock Railway & Electric Company a party defendant, alleging that it had purchased the property of…
2Cases cited1 opinion
- Little Rock Railway & Electric Co. v. NewmanSupreme Court of Arkansas · 1906
3Cited by2 opinions
- Gordon v. ReevesSupreme Court of Arkansas · 1924
- St. Louis Southwestern Railway Co. v. JacksonSupreme Court of Arkansas · 1910