Gillette Motor Transport, Inc. v. Northern Oklahoma Butane Co.

MURRAH, Circuit Judge.

Two questions are presented by this appeal: First, whether the trial court erred in consolidating on its own motion, and over the objections of the defendants, a wrongful death action and a personal property action, where the question of liability is common to both; and, second, whether it erred in permitting the plaintiff to amend its complaint increasing the damages prayed for in the personal property action, after determination of liability.

Both actions arose out of a collision on an Oklahoma Highway between a motor freight truck operated by the appellant, Gillette…