St. Louis, Iron Mountain & Southern Railway Co. v. Morrow
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; M. M. Stuckey, Special Judge; While it is within the discretion of the court as to whether a continuance is granted, it is error to abuse that discretion. 60 Ark. 564; 71 Id. 180. When plaintiff is permitted to amend his complaint showing an entirely different date, defendant, on proper motion, should be granted a continuance on ground of surprise. 71 Ark. 197; 67 Id. 143. A party stealing a ride on a train commits a misdemeanor.
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Appeal from Jackson Circuit Court; M. M. Stuckey, Special Judge; While it is within the discretion of the court as to whether a continuance is granted, it is error to abuse that discretion. 60 Ark. 564; 71 Id. 180. When plaintiff is permitted to amend his complaint showing an entirely different date, defendant, on proper motion, should be granted a continuance on ground of surprise. 71 Ark. 197; 67 Id. 143. A party stealing a ride on a train commits a misdemeanor. Acts 1905, c. 191. A peace officer may make an arrest without a warrant where a public offense has been committed in his presence.…
1Opinion of the CourtMcCulloch, J.
Eugene Morrow, a young man twenty 3'-ears of age, sues the railway company for damages on account of having been forcibly ejected from a passenger train and shot with a pistol by one who is alleged to have been a special watchman employed by the comparte A judgment for damages in the sum of one thousand dollars was recovered against the company, and it appealed to this court.
The event which gave rise to this litigation occurred at the station of Hoxie, Arkansas, where appellant’s railroad crosses the railroad of another company, and where extensive yards are maintained by appellant. Appellee…
2Cases cited2 opinions
- Railway Co. v. HackettSupreme Court of Arkansas · 1894
- Chicago, Rock Island & Pacific Railway Co. v. NelsonSupreme Court of Arkansas · 1908
3Cited by1 opinion
- Jean v. CawleyMassachusetts Supreme Judicial Court · 1914