State Ex Rel. Allen v. Yeaman

CROSS, Judge.

This is an original proceeding in prohibition. The issue raised is whether the trial court exceeded its jurisdiction in consolidating two separate personal injury actions for trial. Both actions were brought by one Alberta Frances Beeler, hereinafter referred to as plaintiff, to recover damages for injuries she allegedly sustained in separate and successive automobile collisions.

The first collision occurred on October 20, 1962, in Andrew County at the intersection of U.S. Highways 71 and 275, where plaintiff had stopped behind a line of standing traffic. At that time and place…