Veach v. Great Atlantic & Pacific Tea Co.

PRESIDING JUSTICE SCHEINEMAN

delivered the opinion of the court.

The plaintiff sued the defendant for an alleged tort which is said to have occurred in its store. The complaint consisted of two counts both referring to one certain occurrence, with no difference as to date, time, place, or parties, but with some differences in the wording of the several charges of negligence. After hearing argument on the motion of defendant, the court allowed count I to stand, but struck count II and entered a purported final judgment in bar of the “cause of action” stated in count II, with a finding of no just…