Trowbridge v. Forepaugh
| Decision Date | 01 January 1869 |
| Citation | 14 Minn. 100 |
| Parties | EDWARD R. TROWBRIDGE v. JOSEPH L. FOREPAUGH and others. |
| Court | Minnesota Supreme Court |
The action is against Joseph L. Forepaugh, and Monroe and Romaine Shiere, and the city of St. Paul, for an injury caused by plaintiff falling into a hole on Third street, in St. Paul, across the front of defendant Forepaugh's lot. The complaint alleges the excavation of the hole by the defendants Forepaugh and the Shieres, and that they wilfully and negligently left it open without protection or notice, and that plaintiff fell into it and was injured. It alleges the duty of the city to keep streets and sidewalks in repair, free from obstructions, and in suitable condition for use and travel, notice to it, and that it suffered the hole to remain without protection or notice. The defendants, other than the city, demurred for an improper joinder of causes of action.
Brisbin & Palmer, for appellant.
C. K. Davis, for respondents.
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The liability of the city depends on a state of facts not affecting its co-defendants; and the converse. Neither is in fact nor in law chargeable with, or liable on account of, the matter set up as a cause of action against the other. They did not jointly conduce to the injury by any acts either of omission or commission.
Under such circumstances we find no case holding that a joint action is maintainable; and we are of the opinion that it is unauthorized by any statute or legal principle. Our statute, which is merely declaratory of the common law, forbids the joinder of causes of action which do not affect all the parties to the action. Gen. St. c. 66, § 98. For such improper joinder of causes of action any defendant may demur. There is nothing in the statute, and we discover no reason, requiring all the defendants to join in such demurrer.
Order affirmed.
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Smithson v. Chicago Great Western Railway Company
... ... 36. The cause of action as between ... plaintiff and the receivers was separable in the sense of the ... removal statute. Trowbridge v. Forepaugh, 14 Minn ... 100 (133); Langevin v. City, 49 Minn. 189; Berg ... v. Stanhope, 43 Minn. 176. Therefore appellants as ... ...
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State ex rel. Brooks-Scanlon Lumber Company v. Knife Falls Boom Corporation
...subds. 1, 7; Gertler v. Linscott, 26 Minn. 82; Pomeroy, Rem. & Rem. (2d Ed.) §§ 453, 473; People v. Oakland, 118 Cal. 234; Trowbridge v. Forepaugh, 14 Minn. 100 (133); Berg v. Stanhope, 43 Minn. 176; Langevin v. of St. Paul, 49 Minn. 189; Anderson v. Scandia Bank, 53 Minn. 191; City of Albe......
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Mayberry v. Northern Pacific Railway Company
...is essential to the right of joinder in the same suit. Parsons v. Winchell, 5 Cush. 592, 52 Am. Dec. 745. The case of Trowbridge v. Forepaugh, 14 Minn. 100 (133), may said to support this view. We do not feel called upon, however, to analyze the cases on this subject, for the purpose of evo......
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Mayberry v. Northern Pac. Ry. Co.
...is essential to the right of joinder in the same suit. Parsons v. Winchell, 5 Cush. 592, 52 Am. Dec. 745. The case of Trowbridge v. Forepaugh, 14 Minn. 100 (133), may be said to support this We do not feel called upon, however, to analyze the cases on this subject, for the purpose of evolvi......