Mobile & Ohio Railroad v. Matthews

Plaintiff, Matthews, sned for injuries sustained in his person and property, a buggy and horse, in a collision with one of the defendant’s trains at a road crossing, in separate counts in one declaration. The defendant moved to strike the declaration from the file for duplicity, in that the claims for damages to the person and property constituted two distinct causes of action, in which the elements and measure of damages were different, and could not be joined in the same suit. This motion was overruled, and there was judgment for the plaintiff. Defendant has appealed, and assigned the…