Munro v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Hugo Muench, Judge. (1) Defendant’s motion to require plaintiff to elect should have been sustained. (2) Defendant’s objection to the introduction of any testimony under the first count of the petition should have been sustained. The first count of the petition does not state a cause of action.
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Appeal from St. Louis City Circuit Court. — Eon. Hugo Muench, Judge. (1) Defendant’s motion to require plaintiff to elect should have been sustained. (2) Defendant’s objection to the introduction of any testimony under the first count of the petition should have been sustained. The first count of the petition does not state a cause of action. But one act of negligence is pleaded therein, which is not alleged to have been the proximate cause of plaintiff’s injury, but is merely alleged to have directly contributed thereto. Smith v. Hardesty, 31 Mo. 411; Deschner v. Railroad, 200 Mo. 310; Hof…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — I. The defendant first complains of the trial court’s action in overruling its motion made at the close of all the evidence to require plaintiff to elect upon which of the first two counts of the petition he would stand. The defendant concedes the rule to be, that a party has the right to state his cause of action in different consistent counts, and does not contend that these counts are inconsistent; but defendant asserts that no one count states a complete cause of action; that by alleging in each count that the negligence therein assigned “directly contributed…
2Cases cited13 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Rothrock v. Cordz-Fisher Lumber Co.Supreme Court of Missouri · 1898
- Fillingham v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Zellars v. Missouri Water & Light Co.Missouri Court of Appeals · 1902
- Deschner ex rel. Deschner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1906
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3Cited by5 opinions
- Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
- Chesapeake & O. Ry. Co. v. BurtonCourt of Appeals for the Fourth Circuit · 1931
- Johnson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
- Lowther v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1924
- Reynolds v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1912