Kimball v. Louisville & Nashville Railroad

Citations

• 94 Miss. 396
• 48 So. 230

Syllabus

<p>1. Torts. Separate injuries from same act.</p> <p>Where plaintiff sustained injuries to his person and property by the same tortious act, the different injuries are merely separate items of damage and constitute only one cause of action.</p> <p>2. Same. Res acljudicata. Splitting cause of action.</p> <p>A plaintiff, injured in his person and property by the same tortious act, who sued for, recovered and was paid the damages to his property, cannot afterwards recover for the personal injury, since he is not permitted to split up his cause of action.</p>