Scruggs v. Endom

Citations

• 123 La. 887
• 49 So. 630
• 1909 La. LEXIS 798

Syllabus

<p>Appeal and Erbok (§ 1178*) — Disposition of Cause — Reveesal—Amendment of Pleading — Damages.</p> <p>This suit by plaintiff is for damages for being knocked down by a runaway team belonging to defendant and in charge of one of his drivers.</p> <p>The petition disclosed a cause of action, but one defectively stated. The defendant’s objections to the same were raised for the first time on objections to evidence. These objections were sustained by the trial court, and plaintiff’s demand rejected.</p> <p>On appeal that judgment is reversed, and the case is remanded, with leave to plaintiff to amend his pleadings; the court believing that in the interest of justice the facts of the case should be developed, and that evidence on the subject is easily obtainable one way or the other.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 4616-4618; Dec. Dig. § 1178.*]</p> <p>(Syllabus by the Court.)</p>