Eaton v. Oregon Railway & Navigation Co.
Oregon Supreme Court
Appeal from Union county: J. A. Fee, judge. The complaint set forth, ten causes of action, eight of which grew out of the alleged injury or killing of stock 'belonging to the plaintiff, and the other two hy reason of fires alleged to have been set out by engines belonging to the defendant.
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Appeal from Union county: J. A. Fee, judge. The complaint set forth, ten causes of action, eight of which grew out of the alleged injury or killing of stock 'belonging to the plaintiff, and the other two hy reason of fires alleged to have been set out by engines belonging to the defendant. Issue was joined on each cause of action, and after the plaintiff had submitted his evidence at the trial, the defendent moved for a non-suit on the ground that there was no allegation of the corporate existence of | the defendant and its ownership of the road except in the first count of the complaint. The…
1Opinion of the CourtLokd, J.
Under the Code it is required that each cause of action must be separately stated, with the relief sought, so as to be intelligently distinguished. In the first count, the averment is distinctly made of the incorporation and ownership of the road by the defendant. In the succeeding counts such averment is not repeated, but it is made certain by reference to the first count; and in the answer the incorporation, corporate existence and ownership of the railroad is directly admitted and averred. It is no doubt true that the complaint must state all the facts which constitute the cause of action…
2Cases cited1 opinion
- Hindman v. Oregon Railway & Navigation Co.Oregon Supreme Court · 1889
3Cited by7 opinions
- Wabash Railroad v. MillerIndiana Court of Appeals · 1897
- Richmond v. McNeillOregon Supreme Court · 1897
- Hawley v. Sumpter Railway Co.Oregon Supreme Court · 1907
- Strang v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1917
- Louisville, New Albany & Chicago Railway Co. v. CarmonIndiana Court of Appeals · 1898
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