Shuler v. Omaha, Kansas City & Eastern Railway Co.
Missouri Court of Appeals
Appeal from Carroll' Circuit Court. — Hon. W. W. Rucleer, Judge. • (1) Plaintiff’s amended petition contained separate inconsistent counts or causes of action and the circuit court erred in overruling defendant’s motion to compel plaintiff to elect upon which count he would proceed to trial. Boberts v. Bail-road, 43 Mo. App. 287, 289; Soap Works V. Sayers, 51 Mo. App. 310, 314; Seiter v. Bischoff, 63 Mo. App. 157, 158; Deering & Co. v. Collins, 38. Mo.
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Appeal from Carroll' Circuit Court. — Hon. W. W. Rucleer, Judge. • (1) Plaintiff’s amended petition contained separate inconsistent counts or causes of action and the circuit court erred in overruling defendant’s motion to compel plaintiff to elect upon which count he would proceed to trial. Boberts v. Bail-road, 43 Mo. App. 287, 289; Soap Works V. Sayers, 51 Mo. App. 310, 314; Seiter v. Bischoff, 63 Mo. App. 157, 158; Deering & Co. v. Collins, 38. Mo. App. 80, 86; Clements v. Yeates, 69 Mo. 623, 625; Nelson v. Brodhack, 44 Mo. 596, 599; Ledbetter v. Ledbetter, 88 Mo. 60, 62; Cohn v. Lehman,…
1Opinion of the CourtEllison, J.
This plaintiff was an employee of defendant and was engaged with others in taking out old rails and *622putting in new ones on defendant’s line of railway. In performance of this service it was necessary for plaintiff, with others, to ride over defendant’s road on one of its work or construction trains. That while being transported over the road the train upon which he rode came into collision with another train upon the same track, whereby he received bodily injury, for which he instituted the present action and recovered two thousand dollars.
Plaintiff’s amended petition contained several counts…
2Cases cited9 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Paddock v. SomesSupreme Court of Missouri · 1890
- Sullivan v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Sauter v. LeveridgeSupreme Court of Missouri · 1890
- New Orleans, Jackson & Great Northern Railroad v. AllbrittonMississippi Supreme Court · 1859
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Gibler v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1910
- Rockenstein v. RogersSupreme Court of Missouri · 1930
- Fleishman v. Polar Wave Ice & Fuel Co.Missouri Court of Appeals · 1910
- Johnson v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1904
- Evans v. Wabash RailroadSupreme Court of Missouri · 1909
13 more not listed; retrieve them via the Exa API.