Yardley v. Rutland Railroad Co.

Arthur Yardley drove an automobile which he hired from Abe Ruskin against one of defendant’s freight cars that stood on a grade crossing of the latter’s railroad. Yardley sustained personal injuries, and the automobile was badly damaged. Each party brought an action against the defendant predicated upon its negligence; Yardley to recover for his injuries, and Ruskin to recover for the damage to his automobile. The negligence relied upon was the same in both cases, the same counsel represented the respective parties in both, they were pending in the same court, and were ripe for trial. The…