Linton v. Lehigh Valley Railroad

The Lehigh Valley Railroad Company appeals from an order of Supreme Court at Special Term, entered in the Counties of Tioga and Brie on October 9, 1967, granting a joint trial in Brie County.

James K. Linton was operating a truck which collided with appellant's train on November 10, 1962 at a crossing in Tioga County. Action No. 1 was commenced on or about August 28, 1963 to recover for the personal injuries of Linton. The venue of that action was Erie County, but was later stipulated to be changed to Tioga in 1963. In 1965 Action No. 2 was commenced by appellant with venue in Tioga County to…