Great Western Coal Co. v. Chicago G. W. Ry. Co.

If the counts in a petition state facts which constitute different and inconsistent causes of action, the plaintiff should be compelled to elect upon which he will proceed to trial; but if they merely state in different ways the same facts which constitute the same cause of action, no election should be required. It is an inconsistency in Ae facts stated which constitute Ae causes of action, and not in Ae ways of stating the same facts, which warrants the election. The authorities cited in the opinion of the majority sustain this rule. They were all cases where Ae facts constituted but one…