Pearson v. Milwaukee & St. Paul R. Co.
Supreme Court of Iowa
Appeal from Clayton Circuit Court. Action for damages for killing plaintiff’s colt. The petition contains two counts.. In the first it is averred, in substance, that the colt was killed at Luana station, throúgh the gross and wanton negligence of the defendant, and that the plaintiff was damaged thereby in, the sum- of three hundred dollars.
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Appeal from Clayton Circuit Court. Action for damages for killing plaintiff’s colt. The petition contains two counts.. In the first it is averred, in substance, that the colt was killed at Luana station, throúgh the gross and wanton negligence of the defendant, and that the plaintiff was damaged thereby in, the sum- of three hundred dollars. In the second, it is averred that the colt was killed at a point where the defendant had a right to fence, but had not fenced; that plaintiff had served upon the defendant an affidavit of the killing, and notice of claim of damages, more than thirty days…
1Opinion of the CourtAdams, J.
i. pleading tion? state-" 1116111 of-I. The appellant assigns as error the overruling of its motion assailing the petition.
Section 2934 of the Eevision required that one cause of action should be expressed in but one statement, and, in case • ^ should be expressed in more than one, and the defendant should move to strike out all but one, it would be necessary for the plaintiff to do so, or prove as many causes of action as there were counts, or pay the costs of the whole trial.
To guard against the inconvenience which might sometimes arise, it was provided by section 2936 that a cause of…
2Cases cited2 opinions
- Alger v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1859
- Bulkley v. New York & New Haven RailroadSupreme Court of Connecticut · 1858
3Cited by16 opinions
- Atchison, T. & S. F. Ry. Co. v. Davis & YoungSupreme Court of Oklahoma · 1910
- Manders v. CraftColorado Court of Appeals · 1893
- Jack v. D. M. & Ft. D. R. Co.Supreme Court of Iowa · 1878
- Kimball v. BryanSupreme Court of Iowa · 1881
- Atchison, Topeka & Santa Fé Railroad v. DavisSupreme Court of Kansas · 1884
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