Davis v. Arkansas Southern R.

Citations

• 117 La. 320
• 41 So. 587
• 1906 La. LEXIS 697

Syllabus

<p>1. Pleading — Petition — Demueeer — No Cause oe Action.</p> <p>The petition in this case is lacking in some of the allegations customarily employed in actions^ of the character of that before the court, and is open to criticism on that account; but the missing allegations are not of character such_ as to call for the drastic remedy of a dismissal of the suit upon an exception of “no cause of action.”</p> <p>2. Same — Amendment.</p> <p>The tendency of modern practice is to yield as little as possible to technicalities, and to afford aid as far as practicable to the filing of amendments which work no injury and prevent useless delays and costs.</p> <p>[Ed. Note. — For cases in point, see vol. 39, Cent. Dig. Pleading, § 591.]</p> <p>3. Same — Exceptions.</p> <p>When the lawmaker in the Code of Practice established and classified exceptions of different kinds to be advanced at different stages of cases, and to be followed by announced consequences, it was intended that they should be resorted to under the circumstances stated. Courts should see that each exception should be made to perform the function properly appertaining to it, and not be allowed to have another substituted .for it, and thus be lost, merged, and confused.</p> <p>4. Same — No Cause oe Action.</p> <p>An exception of no cause of action should not be sustained when a judgment of some kind, however small, could be legally rendered on the allegations supported by evidence.</p> <p>[Ed. Note. — For cases in point, see vol. 39, Cent. Dig. Pleading, §§ 408-415, 486.]</p> <p>5. Death — Action by Wipe — Petition.</p> <p>It is not necessary when a wife brings suit against a corporation for damages for the alleged killing of her husband through its negligence, that she should in her pleadings negative the existence of minor children issue of her marriage. Her right of action is not conditioned upon the nonexistence of such children.</p> <p>It is not necessary that she should allege as the result of such killing