Kurn v. McCoy

J. M. Kurn et al., trustees, St. Louis-San Francisco Railway Company, a corporation, bankrupt, appeal from a judgment of the district court of Comanche county in favor of Lelia McCoy. The action was brought to recover damages suffered as the result of the loss of support occasioned by the killing of her husband through the alleged negligence of the defendant company.

When the issues had been joined by the pleadings, the plaintiff filed, in response to a motion to require her to elect, an election stating: “* * * had sought to plead and had plead a single cause of action based solely on the…