Key v. Carolina & N. W. Ry. Co.

(dissenting) : I do not propose to discuss all of the exceptions, or all of the points raised upon this appeal. Without conceding- the correctness of the disposition of others, in the opinion of Mr. Justice Blease, I shall address my observations to what I consider reversible errors in the trial below.

The plaintiff, in his complaint, has “jumbled” (that is to say, joined without a separate statement of each), a cause of action under the signaling statute (Sections 4903 and 4925, Vol. 3, Code 1922), with a cause of action under the common law for negligence in the operation of the train with…