Feighley v. C. Hoffman & Son Milling Co.

The opinion of the court was delivered by

Johnston, C. J.:

Two actions were brought against the C. Hoffman & Son Milling Company, the Hoffman Elevator Company, C. Hoffman, C. B. Hoffman and'the Chicago, Rock Island & Pacific Railway Company — one by J. H. Feighley and the other by John J. Widler, to'recover damages for'injuries resulting from an overflow of the Smoky Hill river, alleged to have been caused by the joint action and wrong of the defendants.

It appears that a number of actions were commenced by other plaintiffs, all growing out of the same circumstances, of which one has already…