Straub v. Eddy
Missouri Court of Appeals
Appeal from, the Cooper Circuit Court. — Hon, E. L. Edwards, Judge. (1) The plaintiff erroneously combined two inconsistent and contradictory counts for tbe same injury in same petition, and should have been required to elect-upon which he would proceed to trial. Bliss, Code PL,, sec. 122 ; 1 Chitty Pl. 243, 288, 399 ; Sipperly v. Railroad, 9 How. Pr. 83 ; Wood it.
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Appeal from, the Cooper Circuit Court. — Hon, E. L. Edwards, Judge. (1) The plaintiff erroneously combined two inconsistent and contradictory counts for tbe same injury in same petition, and should have been required to elect-upon which he would proceed to trial. Bliss, Code PL,, sec. 122 ; 1 Chitty Pl. 243, 288, 399 ; Sipperly v. Railroad, 9 How. Pr. 83 ; Wood it. Railroad, 58 Mo. 109, 115. Suit cannot be brought under section 2611, Revised Statutes, and a recovery had under section 4428, or under the common law. Wood v. Railroad, 59 Mo. 109, 115; Cary v. Railroad, 60 Mo. 209, 213;…
1Opinion of the CourtSmith, P. J.
This was an action brought by plaintiff against the defendants, receivers, operating the-Missouri, Kansas & Texas Railway Company, for the-recovery of damages for injuries to a mare and colt. The-petition contained two counts, one based on section 2611, and the other on section 2124, Revised Statutes. The plaintiff had judgment on the second count of the petition from which defendants have appealed. Defendants-assail, the judgment on a number of grounds which we shall now proceed to examine in the order of their assignment.
*193I. The defendants contend that the plaintiff erroneously combined two…
2Cases cited12 opinions
- Brownell v. Pacific RailroadSupreme Court of Missouri · 1871
- Lancaster v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1887
- Brinkman v. HunterSupreme Court of Missouri · 1880
- Brady v. ConnellySupreme Court of Missouri · 1873
- Ranney v. BaderSupreme Court of Missouri · 1871
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3Cited by6 opinions
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Smith v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
- Crenshaw v. St. Louis, Keokuk & Northwestern Railway Co.Missouri Court of Appeals · 1893
- Hillman v. Grays Point Terminal Railway Co.Missouri Court of Appeals · 1903
- Hall & Robinson v. Wabash RailroadMissouri Court of Appeals · 1899
1 more not listed; retrieve them via the Exa API.