APPEAL AND ERROR - GENERAL VERDICT ON SEVERAL COUNTS- SEVERAL SPECIFICATIONS OF NEGLIGENCE AS CONSTITUTING ONE CAUSE OF ACTION

Authors

Abstract

In a highway accident case the plaintiff made five distinct allegations of negligence: failure to place lights upon a plank which had been placed across a highway; failure to remove the plank; permitting and suffering the plank to be placed where it was dangerous to travel; failure to construct poles, gates, and guards so that persons using the highway would be informed of the dangerous situation; and failure to employ a watchman to warn the public of the existence of the obstruction. Held, there was but one act of negligence, hence but one cause of action. Therefore, an erroneous instruction affecting any one was such error as required the general verdict for the plaintiff to be set aside. Culbertson Co. v. Warden, 123 Ohio St. 297, 175 N.E. 205 (1931).

Recommended Citation

APPEAL AND ERROR - GENERAL VERDICT ON SEVERAL COUNTS- SEVERAL SPECIFICATIONS OF NEGLIGENCE AS CONSTITUTING ONE CAUSE OF ACTION, 30 Mich. L. Rev. 154 (1931).
Available at: https://repository.law.umich.edu/mlr/vol30/iss1/22