St. Louis, Iron Mountain & Southern Railway Co. v. Cooper & Ross
Supreme Court of Arkansas
Appeal from Clark Circuit Court; George R. Haynie, Judge; 1. The court erred in excluding the amended answer and testimony offered in support thereof. The amendment, /and the testimony offered in support of it, was material to appellant’s defense, and could not have been prejudicial to appellees as .a matter of surprise. Its exclusion was clearly an abuse of discretion.
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Appeal from Clark Circuit Court; George R. Haynie, Judge; 1. The court erred in excluding the amended answer and testimony offered in support thereof. The amendment, /and the testimony offered in support of it, was material to appellant’s defense, and could not have been prejudicial to appellees as .a matter of surprise. Its exclusion was clearly an abuse of discretion. Kirby’s Digest, § 6145; Act 141, Acts 1907, § 1. The testimony offered tended to -prove that appellees were trespassers in placing their property on appellant’s platform without its consent and over its objections. If the…
1Opinion of the CourtMcCulloch, C. J.
The plaintiffs, Cooper & Ross, are merchants at Okolona, Arkansas, and they instituted this action against the defendant railway company to recover damages on account of the injury by fire to a certain number of bales of cotton on the station platform at Okolona, it being .alleged that the fire was communicated to the cotton by sparks escaping from the engine. The cotton wias not totally destroyed, but was considerably burned, and the evidence is sufficient to establish damages to the extent indicated iby the verdict. The evidence is also sufficient to warrant the inference that the fire was…
2Cases cited11 opinions
- Atchison, Topeka & Santa Fé Railroad v. MatthewsSupreme Court of the United States · 1899
- Hartford Fire Insurance v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1899
- Checkley v. Illinois Central RailroadIllinois Supreme Court · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. WynneSupreme Court of the United States · 1912
- Osgood v. Central Vermont Railway Co.Supreme Court of Vermont · 1905
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3Cited by5 opinions
- Seals v. SealsCourt of Appeals of Kentucky (pre-1976) · 1926
- Valley Lumber Co. v. Westmoreland Bros.Supreme Court of Arkansas · 1923
- Loose-Wiles Biscuit Co. v. JollySupreme Court of Arkansas · 1922
- Central Clay Drainage District v. HunterSupreme Court of Arkansas · 1927
- St. Louis & San Francisco Railway Co. v. BlackSupreme Court of Arkansas · 1920