Seufert

By this action plaintiff seeks to recover from the defendants damages in the sum of $171,850 alleged to have been caused to his lands and the lands of thirty-two other persons, assignors of the plaintiff, by the negligent acts of the defendants. The trial court sustained the demurrer of the defendants to the plaintiff’s amended complaint and from the judgment thereafter entered upon the sustaining of such demurrer the plaintiff appeals.

The complaint sets forth thirty-three separate causes of action, but the gravamen of each cause is set forth in identical words, save and except as to the amount of damages alleged in the different causes of action. The questions presented for determination necessitate a consideration only of the allegations set forth in the following language:

For convenience we have quoted the language in which the first cause of action is alleged, which is identical with the allegations contained in the remaining thirty-two causes of action.

The demurrers to the complaint are both general and special and raise all the questions which we will consider herein.

The legal history of this case really begins with the act of the legislature approved December 24,…