BALTIMORE & OHIO R.R. CO. v. HOWARD SOBER, INC.


277 A.D. 1089 (1950)

Baltimore and Ohio Railroad Company, Appellant, v. Howard Sober, Inc., et al., Respondents William Wawrzycki, Respondent, v. Baltimore and Ohio Railroad Company, Appellant John F. Nacey, Appellant, v. Baltimore and Ohio Railroad Company, Appellant, and Howard Sober, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 9, 1950.


Order, insofar as appealed from affirmed, with $10 costs and disbursements.

Memorandum:

There has been no motion to sever the action brought by Nacey against Howard Sober, Inc., and Wawrzycki based on common-law negligence and against the Baltimore and Ohio Railroad Company under the Federal statutes. All the causes of action based on negligence should be tried together. In the absence of a motion to sever Nacey...

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