Rome Railroad v. Thompson

Mrs. Thompson brought suit- against the Rome Railroad Company and the receiver of the Chattanooga, Rome & Columbus Railroad Company, for damages resulting to her from the death of her husband. At the opening of the trial a motion was made to require the plaintiff to elect which defendant she would proceed against. The court declined to rule upon this motion until all the evidence had been introduced, when an order was passed, adjudging that plaintiff was not entitled to proceed against both defendants, and requiring *29her to elect the one she desired to proceed against, and to discontinue as to…