Legal Opinion

Hobart-Lee Tie Co. v. Keck

Supreme Court of Arkansas

Decided January 25, 1909PublishedCited by 7 opinions

Appeal from Madison Circuit Court; 7. S. Maples, Judge; STATEMENT BY TRIE COURT. This action was commenced in the Madison Circuit Court by David N. Keck against the Hobart-Dee Tie Company to .recover damages for personal injuries sustained by him while unloading ties in said company’s yard. The defandant interposed a general demurrer to the complaint, and also answered, denying all the material allegations thereof.

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Appeal from Madison Circuit Court; 7. S. Maples, Judge; STATEMENT BY TRIE COURT. This action was commenced in the Madison Circuit Court by David N. Keck against the Hobart-Dee Tie Company to .recover damages for personal injuries sustained by him while unloading ties in said company’s yard. The defandant interposed a general demurrer to the complaint, and also answered, denying all the material allegations thereof. David N. Keck, detailed the circumstances connected with the injury as follows: “Hollie Barber was tie inspector, and had charge of the yard of the Hobart-Lee Tie Company at…

1Opinion of the Court

Hart, J.,

(after stating the facts.) Counsel for appellant first contends that the demurrer to the complaint should have been sustained. The record shows that the cause proceeded to a final adjudication without the judgment of the court on the demurrer. Hence it was waived, and can not now be considered by this court. Kiernan v. Blackwell, 27 Ark. 235.

2. Counsel for appellant insists that there was error in the judgment of the circuit court in refusing to grant a new trial on the ground of surprise. The facts relied on by counsel to sustain his motion in this respect are fully set out in his…

2Cases cited3 opinions

  1. Mutual Life Insurance v. ParrishSupreme Court of Arkansas · 1899
  2. Kiernan v. BlackwellSupreme Court of Arkansas · 1871
  3. Miller v. MintunSupreme Court of Arkansas · 1904

3Cited by7 opinions

  1. Chicago, Rock Island & Pacific Railway Co. v. PayneSupreme Court of Arkansas · 1912
  2. Chicago, Rock Island & Pacific Railway Co. v. HarrisonSupreme Court of Arkansas · 1942
  3. Faulkinbury v. ShawSupreme Court of Arkansas · 1931
  4. Louisiana Northwest R.R. Co. v. McMorellaSupreme Court of Arkansas · 1926
  5. North River Ins. Co. of N.Y. v. ThompsonSupreme Court of Arkansas · 1935

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