Dickson v. Chicago, Burlington & Quincy Railroad

This action was originally brought to recover for personal injuries to plaintiff, caused by the wrongful conduct of defendant’s servants. When the cause was before us on a former appeal, the judgment which had been recovered was reversed on the ground plaintiff’s husband had been improperly joined with her in the action. No other reason was assigned.

On the remandment of the cause plaintiff, by leave of court, dismissed her husband, her co-plaintiff, out of the case, and so amended the declaration to show he had been dismissed, but made no other amendment.. Defendant pleaded in abatement, the…