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CHICAGO, ROCK ISLAND & PACIFIC RY. CO. v. LOCKWOOD

No. 5-4465.

424 S.W.2d 158 (1968)

244 Ark. 122

CHICAGO, ROCK ISLAND AND PACIFIC RAILWAY COMPANY, Appellant, v. Asa Julius LOCKWOOD, Appellee.

Supreme Court of Arkansas.

February 19, 1968.

Attorney(s) appearing for the Case

Arnold, Hamilton & Streetman, Crossett, and Wright, Lindsey & Jennings, Little Rock, for appellant.

Switzer & Griffin, Crossett, and Martin, Dodds & Kidd, Little Rock, for appellee.

FOGLEMAN, Justice.

Chicago, Rock Island and Pacific Railway Company appeals from a judgment awarding Asa Julius Lockwood $75,000 as damages for personal injuries suffered while performing his duties on May 12, 1964, as a brakeman employed by the company. Only two points are relied on for reversal. They are:

I.

The trial judge erred when he permitted appellee to interject and substitute a new issue in the litigation by amending the complaint at the...

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