Baughman v. Louisville, Railroad
Court of Appeals of Kentucky
Case 22 — PETITION ORDINARY — 1. The action of the court in refusing to consolidate the actions can not be reviewed, as appellee does not pray a cross-appeal. But the decision of the court upon this question is undoubtedly correct. Persons severally interested can not join, and even if these actions had been joined they might have been separated on motion.
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Case 22 — PETITION ORDINARY — 1. The action of the court in refusing to consolidate the actions can not be reviewed, as appellee does not pray a cross-appeal. But the decision of the court upon this question is undoubtedly correct. Persons severally interested can not join, and even if these actions had been joined they might have been separated on motion. (Civil Code, sec., 83.) 2. Even if appellee had succeeded in consolidating the actions, the motion to remove to the Eederal Court must still have failed, as the amounts could not be added to give jurisdiction. (Henderson v. Wadsworth, 115…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION' OE THE COURT.
This is an appeal from a judgment rendered in an action by Baughman & Lasley, against Louisville, Evansville and St. Louis Railroad Company, that. was tried at the same time and together with three others against the same defendant.
It is stated substantially by plaintiffs that they delivered to defendant, to be shipped on its road from Louisville to St. Louis, Mo., a horse of which they were owners, named “ Hart Wallace,” of the value of twenty-five thousand dollars; but that while the train was en route defendants servants in charge negligently…
2Cases cited3 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Louisville & Nashville R. R. v. BrownleeCourt of Appeals of Kentucky · 1879
- Louisville & Nashville Railroad v. OwenCourt of Appeals of Kentucky · 1892
3Cited by3 opinions
- Adams Express Co. v. WalkerCourt of Appeals of Kentucky · 1904
- Southern Ry. Co. v. MarshallCourt of Appeals of Kentucky · 1901
- Waters v. Mobile & Ohio RailroadMississippi Supreme Court · 1896