Hinesley v. Anderson

(After stating the foregoing facts.)

Although the petition recites that it is brought in two counts, the defendant contends that a separate and distinct cause of action is not set out in each count, without reference to other portions of the pleadings, and that the petition only contains one count and is duplicitous in that it seeks to recover upon allegations of negligence and of wilful and wanton conduct, in the same count. These contentions of the defendant can not be legally sustained. The petition in this case was brought in substantially the same form as that in American Oil Co. v.…