Pierce v. Gruben

Plaintiff’s petition was in two counts. Count one contained nine separate grounds of negligence, some of which were specific in their designation of the negligence, and some of the grounds were merely general allegations of negligence. However, in submitting count one to the jury the court eliminated all specific grounds of negligence and submitted the count, in substance, as follows: Under an oral contract defendants agreed to erect a tombstone upon the cemetery lot of her parents, and did so,- and when plaintiff placed her hand on it while inspecting it the stone fell upon her and she was…