Smith v. Philadelphia, Baltimore & Washington Railroad

Pennewill, C. J.,

delivering the opinion of the Court.

It is well settled by the decisions in this state that each count of plaintiff’s declaration must set out a complete cause of action. And one reason for the requirement is that if one or more counts are stricken out, each of the remaining counts may be good and complete in itself.

It is stated by Woolley, in his work on Delaware Practice, §§ 343( second paragraph), 344, and 345, that—

“Sec. 343. In all cases in which there are two or more counts — whether there is actually but one cause of action or several — each count purports upon the face…