GILLETTE MOTOR TR. v. NORTHERN OKLAHOMA BUTANE CO.

No. 3937.

179 F.2d 711 (1950)

GILLETTE MOTOR TRANSPORT, Inc. et al. v. NORTHERN OKLAHOMA BUTANE CO. et al.

United States Court of Appeals Tenth Circuit.

January 5, 1950.


Attorney(s) appearing for the Case

Welcome D. Pierson, Oklahoma City, Okl. (Howard Hentz, Oklahoma City, Okl., on the brief) for appellants.

John D. Cheek, Oklahoma City, Okl., Alt. Singletary, Perry, Okl., and Duke Duvall, Oklahoma City, Okl., for appellees.

Before PHILLIPS, Chief Judge, and BRATTON and MURRAH, Circuit Judges.


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...

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