Carlson v. Consumers Power Company

STEWART, Circuit Judge.

This is a wrongful death action, brought in this court by reason of diversity of citizenship of the parties. The complaint alleges that the plaintiff’s decedent, while working as a carpenter foreman for the Bruce Waddell Construction Company, was fatally injured on August 24, 1953, as a result of the defendant’s negligence.

There is now before the court the defendant’s motion for an order making the Auto-Owners Insurance Company a party plaintiff to this action, or, should said corporation refuse to join as a party plaintiff, that it be made a party defendant. In support…