East Tennessee, Virginia & Georgia Railroad v. Cox

Jackson, Judge.

Cox sued the railroad company for a tort on the person of his wife, who was hurt by reason of the crossing of the road not being kept in good condition. In this action he joined his wife as party plaintiff. The company demurred because she was so joined, and the court overruled the demurrer, and the defendant excepted. So that the single question is, does the joinder of the wife vitiate the action in such a case so as to make it the duty of the court to dismiss it. The idea of •the plaintiff in error is, that section 2960 of our Code alteré *253the rule of pleading of the common…