Woods v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from the Hoioard Circuit Court. — Hon. John A. Hockaday, Judge. (1) The complaint improperly joins two causes of action in one count. By section 2611 of the Revised Statutes, two distinct and separate duties are imposed. The breach of one of these duties is not a breach of the other, and gives a different cause of action from that arising out of a breach of the other. They should, therefore, be separately pleaded.
Read the full summary
Appeal from the Hoioard Circuit Court. — Hon. John A. Hockaday, Judge. (1) The complaint improperly joins two causes of action in one count. By section 2611 of the Revised Statutes, two distinct and separate duties are imposed. The breach of one of these duties is not a breach of the other, and gives a different cause of action from that arising out of a breach of the other. They should, therefore, be separately pleaded. (2) The court erred in admitting evidence as to the condition of the gate, because there was no charge in the complaint of any defect in the same, or of any injury or damage…
1Opinion of the CourtSmith, P. J.
This was an action commenced before a justice of the peace to recover damages under section 2611, Revised Statutes, for killing of plaintiff’s horses. There was a trial in the circuit court which resulted in judgment for plaintiff, from which defendant has appealed.
The defendant for the first ground of its appeal alleges that the plaintiff’s statement improperly joins two causes of action in one count. There was no motion filed to require the plaintiff to elect on which cause of action he would proceed to trial, as in Duncan v. Railroad, 91 Mo. 67, but this becomes unimportant since the…
2Cases cited7 opinions
- Brennan v. City of St. LouisSupreme Court of Missouri · 1887
- Ely v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Duncan v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Morrison v. Kansas City, St. Joseph & Council Bluffs RailroadMissouri Court of Appeals · 1887
- Mitchell v. City of PlattsburgMissouri Court of Appeals · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Foster v. University Lumber Co.Oregon Supreme Court · 1913
- Miller v. Quincy, Omaha & Kansas City Railway Co.Missouri Court of Appeals · 1894
- Peery v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1906
- Stonebraker v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1905
- Freet v. Kansas City, St. Joseph & Council Bluffs RailroadMissouri Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.