O' Conner v. Chicago, Rock Island & Pacific Railway Co.

Supreme Court of Iowa
O' Conner v. Chicago, Rock Island & Pacific Railway Co., 75 Iowa 617 (Iowa 1887)
34 N.W. 795; 1888 Iowa Sup. LEXIS 413
Adams

O' Conner v. Chicago, Rock Island & Pacific Railway Co.

Opinion of the Court

Adams, C. J.

— The original count set out separate acts of the defendant, upon each of which, upon the plaintiff’s theory, he was entitled to recover, even if he failed to recover for the other acts. The acts were set out, therefore, as separate causes of action, and the court did not, we think, err in sustaining the motion to divide. This motion it was the duty of the court to enforce. When, therefore, the plaintiff filed a substitute, without attempting to comply with the order to divide, the court, we think,. properly struck out the substitute. This was necessary by way of enforcement of its order to divide.

Aeeiemed.

Reference

Full Case Name
O' Conner v. The Chicago, Rock Island & Pacific Railway Company
Cited By
5 cases
Status
Published