Union R. v. Tate

GRAY, Circuit Judge.

The suit in the court below was brought by the defendant in error against the plaintiff in error and the Pittsburgh & Lake Erie Railroad Company, upon an alleged joint tort, to wit, that the death of the'plaintiff’s husband, David Tate, was directly and approximately caused by the gross negligence and earelessness of the defendant companies acting together. After a motion for a compulsory nonsuit, the plaintiff was permitted to amend her statement of *551claim, by striking out all reference to the Pittsburgh & Lake Erie Railroad Company, taking a voluntary nonsuit as to that…