Pacific Intermountain Express Co. v. Union Pac. R.

REEVES, Chief Judge.

The plaintiff has moved for a consolidation of the above causes. The case numbered 5999 is, as its title implies, an action for the death of the driver of a motor truck owned by the plaintiff in cause numbered 5181.

The plaintiff in said cause No. 5181 has sued for damages arising from the identical collision which it is claimed in case numbered 5999 caused the death of the decedent. It is obvious, therefore, that a common question of law and of fact is involved.

The defendant objects on the sole ground that one action is for death and the other for damages to property, and,…