Waechter v. St. Louis & Meramec River Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. O’Neill By an, Judge. (1) Tbe petition in this case contains but one count; that which is entitled the second count in said petition is not, under the rules of pleading in this State, a separate count by itself, and therefore, whatever its signification, it must be considered a part of the so-called first count.
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Appeal from St. Louis City Circuit Court. — Hon. O’Neill By an, Judge. (1) Tbe petition in this case contains but one count; that which is entitled the second count in said petition is not, under the rules of pleading in this State, a separate count by itself, and therefore, whatever its signification, it must be considered a part of the so-called first count. Each count must be complete in itself, and must stand as an independent statement of the cause of action, and must contain all the allegations necessary to the statement of the cause of action. Weber v. Squire, 51 Mo. App. 603; Bank y.…
1Opinion of the CourtBland, P. J.
(after stating the facts)'. — 1. The matter stated as inducement in the first count of the petition covers over a page and one-half of the printed abstract (ordinary size). The second count begins as follows :
“For the purpose of stating a second cause of action plaintiff hereby repeats all the facts above recited (except the specifications of negligence and of the damages thereby sustained by said minor) and prays that the said facts be taken as part of this second cause of action to avoid unnecessary prolixity in this petition.”
Then follow the allegations of intentional injury. For the…
2Cases cited6 opinions
- Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
- Brownell v. Pacific RailroadSupreme Court of Missouri · 1871
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
- Owens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1874
- Bricker v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cook v. KINZUA PINE MILLS CO.Oregon Supreme Court · 1956
- Smith v. WilliamsOregon Supreme Court · 1947
- Eoff v. SenterMissouri Court of Appeals · 1958
- Myers v. AdlerMissouri Court of Appeals · 1915
- Chicago, R. I. & G. Ry. Co. v. SteeleCourt of Appeals of Texas · 1924
9 more not listed; retrieve them via the Exa API.