St. Louis S. F. R. Co. v. Farmers' Union Gin Co.
Supreme Court of Oklahoma
Error from Pawnee County Court; H. T. Conley, Judge. Action by the Farmers’ Union Gin Company against the St. Louis & San Francisco Railroad Company. Judgment for plaintiff, and defendant brings error.
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Error from Pawnee County Court; H. T. Conley, Judge. Action by the Farmers’ Union Gin Company against the St. Louis & San Francisco Railroad Company. Judgment for plaintiff, and defendant brings error. This action was begun May 23, 1908, by the Farmers’ Union Gin Company against the St. Louis & San Francisco Railroad Company, for damages for breach of two separate contracts: One, for failure to put in a switch track within the time defendant company had promised to complete same; the other, for failure to deliver certain machinery, gin stands, which had been consigned by plaintiff for…
1Opinion of the Court
Opinion by
HARRISON, C.
(after stating the facts as above). There are two distinct causes of action alleged. The court instructed the jury on each. The jury returned a general verdict for $1,000. No objection is urged against the form of the verdict; hence the defective features are deemed to have been waived. While not saying whether a judgment based upon such a verdict would be reversed if properly presented, yet we would suggest that a better practice in suits of this character would be to return separate findings as to each separate cause of action. ^
“In general, where two causes of action…
2Cases cited19 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Mooney v. KennettSupreme Court of Missouri · 1854
- Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1872
- Missouri, Kansas & Texas Railway Co. v. BelcherTexas Supreme Court · 1896
- Harvey v. Connecticut & Passumpsic Rivers RailroadMassachusetts Supreme Judicial Court · 1878
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3Cited by16 opinions
- Chapman v. . FargoNew York Court of Appeals · 1918
- Bunch v. PerkinsSupreme Court of Oklahoma · 1947
- Osborn v. Commanche Cattle Industries, Inc.Court of Civil Appeals of Oklahoma · 1975
- Chicago, R, I. & P. R. Co. v. Fontron Loan & Trust Co.Supreme Court of Oklahoma · 1923
- Davon Oil Co. v. SteeleSupreme Court of Oklahoma · 1940
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