Balaklala Consol. Copper Co. v. Whitsett

Citations

• 221 F. 421
• 137 C.C.A. 219
• 1915 U.S. App. LEXIS 1350

Syllabus

<p>1. Pleading i@=>64—Duplicity—Separate Causes op Action.</p> <p>A complaint for personal injuries to an employé, which charges in one count that the master was negligent In failing to provide a, safe place to work, and in failing to provide a careful and competent man to locate missing shots after blasts, does not state two causes of action in the same count.</p> <p>[Ed. Note.—For other cases, see Pleading, Cent. Dig. §§ 134-137; Dec. Dig. <S=04.1</p> <p>2. Pleading ©=-->.'¡69—Motions—Misjoinder or Causes oe Action—Election.</p> <p>Where there was an improper joinder of causes of action in one count, which plaintiff could have stated in separate counts, and could have had both submitted to the jury, plaintiff can not at the trial be compelled to elect as to which he will rely on, and thereby lose the benefit of the other.</p> <p>LISd. Note/—For other eases, see Pleading, Cent. Dig. §§ 1199-1209; Dec. Dig. <S=^o69.J</p> <p>3. Trial <®=»260—Instructions—Request—Repetition oe Given Instruction.</p> <p>Where the instructions given correctly and adequately cover the feature of the case concerning which instructions were requested, it was not error to refuse the requests.</p> <p>[Ed. Note.—For other cases, see Trial, Cent. Dig. §§ 651-659; Dec. Dig. <3=>260.]</p> <p>©ssFi/r other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>