F. H. Vahlsing, Inc. v. Pennsylvania Railroad

Motions numbered 13 and 14 have been considered together.

Plaintiff commenced two actions in this court, one against the Missouri Pacific Railroad Company, and the other against the Pennsylvania Railroad Company, each arising out of the same transaction and for the same relief, to wit, damages to a certain shipment of produce. The defendant railroad companies join in a motion to consolidate these two actions, and the plaintiff moves to discontinue the action against the defendant, Pennsylvania Railroad Company.

There is no doubt that these actions would be consolidated if the plaintiff were not…