Sloss-Sheffield Steel & Iron Co. v. Willingham

LIVINGSTON, Justice.

The cause of action arose out of a collision between appellant’s locomotive engine and two cars, commonly known as “hot-pots”, and an automobile truck belonging to Fred W. Peinhardt, which was being driven at the time and place of the collision by appellee, A. O. Willingham, the agent, servant or employee of Peinhardt.

Appellee and Peinhardt filed separate suits against appellant. On motion of appellant, the two suits were consolidated and tried jointly under and by virtue of the provisions of section 221, Title 7, Code of 1940, and resulted in a judgment for Peinhardt for…