Tingley v. Bellingham Bay Boom Co.

The opinion of the court was delivered by

Stiles, J.

We are not advised upon what' ground the court below sustained the defendañt’s motion for a non-suit, but, whatever may have been the ground, we think the facts in this case, as they appear from the testimony, *645should have been submitted to a jury under proper instructions.

The complaint contains two causes of action, which were improperly united, but no objection was made to the complaint upon that ground, and no criticism can now be made of the course of the plaintiff in making the improper joinder.

The defendant was a corporation organized in…