O' Conner v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Folk District Court. — Hon. Josiah Given, Judge. The plaintiff is the owner of a certain lot fronting on Tine street in the city of Des Moines. The defendant has constructed its road on said street, and is operating the same.
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Appeal from Folk District Court. — Hon. Josiah Given, Judge. The plaintiff is the owner of a certain lot fronting on Tine street in the city of Des Moines. The defendant has constructed its road on said street, and is operating the same. This action is brought to recover damages alleged to have been sustained by the unauthorized construction of side-tracks ; also for the improper use of the side-tracks; also for the conduct of the defendant in casting snow upon his premises ; also for the conduct of the defendant in constructing drains and ditches; also for the conduct of the defendant in…
1Opinion of the CourtAdams, C. J.
— The original count set out separate acts of the defendant, upon each of which, upon the plaintiff’s theory, he was entitled to recover, even if he failed to recover for the other acts. The acts were set out, therefore, as separate causes of action, and the court did not, we think, err in sustaining the motion to divide. This motion it was the duty of the court to enforce. When, therefore, the plaintiff filed a substitute, without attempting to comply with the order to divide, the court, we think,. properly struck out the substitute. This was necessary by way of enforcement of its order to…
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