Coy v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Dunklin, County Circuit Court. — Ro». W. S. G. Walker, Judge. (1) A single wrongful act gives only one cause of action, no matter bow numerous the items of damage may be, and the damages resulting from one and the same tort must be assessed and recovered in one suit. Pucket v. Railroad, 25' Mo. App. 650,; Steiglider v. Railroad, 38 Mo. App. 511; Bank v. Tracey, 141 Mo. 259; Stickford v. St. Louis, 75 Mo. 309; Cook v. Globe Printing Co., 227 Mo. 524; 1 E-nc.
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Appeal from Dunklin, County Circuit Court. — Ro». W. S. G. Walker, Judge. (1) A single wrongful act gives only one cause of action, no matter bow numerous the items of damage may be, and the damages resulting from one and the same tort must be assessed and recovered in one suit. Pucket v. Railroad, 25' Mo. App. 650,; Steiglider v. Railroad, 38 Mo. App. 511; Bank v. Tracey, 141 Mo. 259; Stickford v. St. Louis, 75 Mo. 309; Cook v. Globe Printing Co., 227 Mo. 524; 1 E-nc. PI. & Pr., p'. 159. (2) A single cause of action cannot be split up so as to make different causes of action; and since…
1Opinion of the CourtFarrington, J.
— The plaintiff recovered a judgment for $492 as damages sustained by Mm occasioned by the alleged negligence of the defendant in handling two cars of watermelons while being switched by defendant in its yards at Chaffee, Mo., on August 17, 1912. The facts are that plaintiff was shipping two carloads of watermelons over defendant’s railroad and was accompanying them in person, and while the cars were being switched they, were run against some other cars with such force as to break, bruise and greatly damage the watermelons.. Plaintiff also sustained injuries to Ms person in the collision.
It…
2Cases cited21 opinions
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
- Flato v. MulhallSupreme Court of Missouri · 1880
- Root v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1906
- Fogarty v. St. Louis Transfer Co.Supreme Court of Missouri · 1904
- Mateer v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
16 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- General Exchange Ins. Corp. v. YoungSupreme Court of Missouri · 1948
- Rositzky v. RositzkySupreme Court of Missouri · 1932
- Chuning v. CalvertMissouri Court of Appeals · 1970
- Jenkins v. SkeltonArizona Supreme Court · 1920
- Lee v. GuettlerSupreme Court of Missouri · 1965
7 more not listed; retrieve them via the Exa API.