Rinard v. Omaha, Kansas City & Eastern Railway Co.
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Hon. W. W. Bucher, Judge. (1) Plaintiff’s amended petition contains separate, inconsistent counts or causes of action and tbe circuit court erred, in overruling defendant’s motion to compel plaintiff to elect upon which, count she would proceed to trial, and in refusing to instruct the jury which count they should take into consideration. Roberts v. Railroad, 43 Mo. App. 289; Enterprise Soap Works v. Sayers, 51 Mo.
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Appeal from Carroll Circuit Court. — Hon. W. W. Bucher, Judge. (1) Plaintiff’s amended petition contains separate, inconsistent counts or causes of action and tbe circuit court erred, in overruling defendant’s motion to compel plaintiff to elect upon which, count she would proceed to trial, and in refusing to instruct the jury which count they should take into consideration. Roberts v. Railroad, 43 Mo. App. 289; Enterprise Soap Works v. Sayers, 51 Mo. App. 314; Seiter v. Bischoff, 63 Mo. App. 158; Deering v. Collins, 38 Mo. App. 86; Clements v. Yeates, 69 Mo. 625; Nelson v. Brodhack, 44 Mo.…
1Opinion of the Court
MARSHALL,
J. — This is an action for damages for the killing of plaintiff’s husband, caused by a collision of two trains upon defendant’s road, near Galt, in Grundy county, on December 23, 1897. The plaintiff obtained a verdict for five thousand dollars and defendant appealed.
The amended petition contains three counts.
The first count alleges that Samuel W. Einard, plaintiff’s husband, was in the employ of defendant as assistant roadmaster, and that it was his duty to pass over defendant’s road and to ride in its cars; that on December 23, 1897, while riding in the caboose of one of defendant’s…
2Cases cited11 opinions
- Brownell v. Pacific RailroadSupreme Court of Missouri · 1871
- Sullivan v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Lancaster v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1887
- Brinkman v. HunterSupreme Court of Missouri · 1880
- Johnson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Maybach v. Falstaff Brewing Corp.Supreme Court of Missouri · 1949
- Hasemeier v. SmithSupreme Court of Missouri · 1962
- Kansas City ex rel. Kansas City Hydraulic Press Brick Co. v. YoumansSupreme Court of Missouri · 1908
- Lee v. W. E. Fuetterer Battery & Supplies Co.Supreme Court of Missouri · 1929
- Mills v. Central of Georgia Railway Co.Supreme Court of Georgia · 1913
16 more not listed; retrieve them via the Exa API.