City of Elkhart v. Wickwire

It is true, as counsel for appellant contends, that a plaintiff may state his cause of action in different forms *79in order to prevent a possible failure of proof. Snyder v. Snyder, 25 Ind. 399; Stearns v. Dubois, 55 Ind. 257. It does not follow, however, that it is error to sustain a demurrer to one of two paragraphs, where both plead the same cause of action, and where the plaintiff is entitled to give the same evidence under one paragraph that he would be entitled to do if both were left standing. In this case the first and second, paragraphs of the complaint are substantially the same, and…