Fielder v. Ohio Edison Co.

I concur in paragraphs one, two and three of the syllabus, dissent from paragraph four of the syllabus, dissent from the judgment in case *389No. 32974 to the extent that it is based upon the conclusion that there was a misjoinder of causes of action, and concur in the judgment of reversal in case No. 32981.

The majority opinion states that “all authorities seem to hold that a cause of action for suffering and one for wrongful death arising out of the same wrongful act can not be joined without an enabling statute.” However, such joinder was approved without the aid of any enabling statute in…