Parsons v. Southern New Hampshire Hydro-Electric Corp.

At the close of the plaintiffs’ evidence the defendant moved that the appeal be dismissed because the order of the public service commission, from which the appeal was taken, was for a payment by the Public Service company of New Hampshire and not by the defendant in the appeal. Thereupon the plaintiffs moved to add the Public Service company as a party in interest. Both motions were denied.

There was no error in denying the plaintiffs’ motion. It is manifest that one not a party cannot be ordered in summarily and required to take on the defence of a cause in the midst of a trial. Lewis v.…