Weigand v. Long Transportation Co.

GRIM, District Judge.

The three plaintiffs, passengers in an automobile, were injured in a collision between it and defendant’s truck. Basing jurisdiction on diversity of citizenship, each plaintiff brought a separate action for his injuries.

Each complaint was filed January 6, 1960. In each case defendant’s counsel entered his appearance January 26, 1960, and filed an answer February 2, 1960. In addition to averring defenses on the merits, each answer averred the defenses of lack of jurisdictional amount *497and improper service. On February 4, 1960, each plaintiff ordered his case on the trial…