Marr v. Falls City Stone Co.

CLAY, Commissioner.

These consolidated appeals present a procedural nightmare. The ultimate aim of the appellant plaintiffs is to try on the merits a damage suit against the Derby Construction Company, formerly the Falls City Stone Company.

In 1955 the three plaintiffs brought suit against the R. B. Tyler Company and the Falls City Stone Company, alleging they were jointly maintaining a nuisance. In 1957 plaintiffs amended their complaints and alleged separate causes of action against these two defendants. On January 4,1958, the trial court on motion dismissed the claim against Falls City Stone…