Durham v. . Laird

The sole question of law presented by this appeal is whether the trial judge had the power in his discretion to refuse to consolidate the actions.

The cause discloses substantially the following fact setting: A plaintiff brings two suits on the same day, against the same defendants for damages growing out of an automobile collision. In one suit the plaintiff seeks to recover damages for personal injury, and in the other suit compensation for property damage growing out of said collision. The defendants, among other things, plead the pendency of each suit as a bar to the other, and the…