Bankson v. Illinois Cent. R.
District Court, N.D. Iowa
At Raw. Action by Sophia K. Bankson, administratrix of the estate of David E. Bankson, deceased, against the Illinois Central Railroad Company. On motion to require plaintiff to separate petition, into counts and to elect between them.
1Opinion of the Court
REED, District Judge.
The defendant on the first day of the present term of court, filed a motion asking (1) that plaintiff be required to divide and separate the causes of action alleged in a single count of the petition, and set forth the same in separate counts thereof; (2) that the plaintiff be required to elect upon which of the causes of action alleged in the petition she will rely for recovery against the defendant. This motion is based upon the ground that two distinct and *172separate causes of action against the defendant are alleged in a single count of the petition. The motion might…
2Cases cited2 opinions
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Watters v. City of WaterlooSupreme Court of Iowa · 1904
3Cited by4 opinions
- Lusk v. PhelpsSupreme Court of Oklahoma · 1918
- Thomas v. Chicago & N. W. Ry. Co.District Court, N.D. Iowa · 1913
- Cato v. Atlanta & C. A. L. Ry. Co.Supreme Court of South Carolina · 1931
- Bouchard v. Central Vermont Railway Co.Supreme Court of Vermont · 1914