Brunski v. Ford Motor Co.

(after stating the facts as above). 1. As a postulate to a consideration of the questions involved here, it should be stated that, where plaintiff’s petition states a joint cause of action, it is not removable, even though defendants may file separate answers and set up different defenses. A separate defense may defeat a joint recovery, but it cannot deprive the plaintiff of his right to prosecute his suit to final decision in his own way. Whiteaker v. Railroad, 252 Mo. 438, 160 S. W. 1009; Chi. Rock Island Ry. v. Whiteaker, 239 U. S. 421, 36 Sup. Ct. 152, 60 L. Ed. 360; Southern Railway Co.…