Southwest Missouri Electric Railway Co. v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Eon. J. D. Perkins, Judge. (1) The defendant contends that the court below ■erred in refusing to compel plaintiff to elect upon which count of the petition it would stand. Roberts v. Railroad, 43 Mo. App. 287; Rinard v. Railroad, 164 Mo. 270; Maguire v. Railroad, 103 Mo. App. 459. (2) Plaintiff has but one cause of action and is entitled to but one satisfaction.
Read the full summary
Appeal from Jasper Circuit Court. — Eon. J. D. Perkins, Judge. (1) The defendant contends that the court below ■erred in refusing to compel plaintiff to elect upon which count of the petition it would stand. Roberts v. Railroad, 43 Mo. App. 287; Rinard v. Railroad, 164 Mo. 270; Maguire v. Railroad, 103 Mo. App. 459. (2) Plaintiff has but one cause of action and is entitled to but one satisfaction. It may proceed on the theory of defendant’s negligence, or on defendant’s alleged agreement to reimburse plaintiff for one-half of the damages occasioned by the collision; but the two remedies…
1Opinion of the CourtJohnson, J.
— Plaintiff and defendant in the year 1900 were each operating a line of railroad in ■Jasper county, the former using electricity, the latter steam, for motive power. Their tracks crossed at Webb ■City. On July 3, 1900, one of plaintiff’s cars heavily *305loaded wifh passengers collided at the crossing with moving cars on one of defendant’s tracks, resulting in the injury of a large number of passengers on plaintiff’s car. Afterwards, plaintiff expended in the aggregate over seven thousand dollars in making settlements with the injured, and brought this suit to recover from defendant one-half of…
2Cases cited7 opinions
- Rinard v. Omaha, Kansas City & Eastern Railway Co.Supreme Court of Missouri · 1901
- Roberts v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1891
- Baker v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1886
- Sharp v. KnoxMissouri Court of Appeals · 1892
- Porter v. WoodsSupreme Court of Missouri · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Farm and Home Savings and Loan Assn. v. StubbsMissouri Court of Appeals · 1936
- Gosney v. Metropolitan Life Ins.Court of Appeals for the Eighth Circuit · 1940
- James H. Forbes Tea & Coffee Co. v. Baltimore BankSupreme Court of Missouri · 1940
- Farmers Loan & Trust Co. v. Southern Surety Co.Supreme Court of Missouri · 1920
- Reynolds v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1905
1 more not listed; retrieve them via the Exa API.