Davis v. Miller

Opinion by

Me. Chief Justice Horace Steen,

The question is whether the additional defendant in this ease was entitled to be eliminated therefrom before it was determined by a jury trial whether she was a joint tortfeasor with the original defendant.

The three plaintiffs were passengers in an automobile driven by Mary A. Richardson. A collision occurred between her car and an automobile operated by defendant, Amos T. Miller. They instituted this action of trespass against Miller, alleging that the accident was caused by his negligence. Miller filed a complaint joining Mary Richardson as…