St. Louis, Iron Mountain & Southern Railway Co. v. Wright
Supreme Court of Arkansas
Appeal from Pike Circuit Court; Wm. P. Feazel, Special Judge; STATEMENT BY THE COURT. Appellee brought this suit against appellant to recover damages for injuries received by her while embarking on one of appellant’s trains. The material facts are as follows: On the' 5th day of May, 1911, appellee purchased a ticket for herself and children from Amity to Glenwood, both being stations on appellant’s line of railroad.
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Appeal from Pike Circuit Court; Wm. P. Feazel, Special Judge; STATEMENT BY THE COURT. Appellee brought this suit against appellant to recover damages for injuries received by her while embarking on one of appellant’s trains. The material facts are as follows: On the' 5th day of May, 1911, appellee purchased a ticket for herself and children from Amity to Glenwood, both being stations on appellant’s line of railroad. She intended to go on what was called the log train, which was a mixed passenger and freight train.. When the train pulled up to the station at Amity the conductor called out,…
1Opinion of the Court
Hart, J.,
(after stating the facts). 1. Counsel for appellant contend that the court erred in refusing to grant appellant’s motion for continuance. The original complaint alleges that appellee received her injuries on April 5, 1911. When the case was called for trial on March-21, 1912, appellee asked the court to amend her complaint by alleging that she received her injuries on May 5, 1911. This was granted, and thereupon the appellant was given permission to change its answer to meet the amendment of the complaint. Then both parties announced ready for trial, and a jury was impanneled to try…
2Cases cited2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. HartungSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. PurifoySupreme Court of Arkansas · 1911
3Cited by3 opinions
- Payne v. ThurstonSupreme Court of Arkansas · 1921
- St. Louis Southwestern Railway Co. v. AydelottSupreme Court of Arkansas · 1917
- Dillahunty v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1915