Plaintiffs were the owners of several lots, and used their respective properties as residences. Defendants, manufacturers of cement and concrete products, operated several large trucks in their business. Plaintiffs filed a declaration to recover damages for injuries to their properties sustained as a result of the loud noises, vibrations, and cement dust caused by the defendants' trucks when using an alley leading to defendants' place of business. The defendants' motion for dismissal on grounds of misjoinder of parties and causes of action was overruled. On appeal, held, reversed. Owners of property are not entitled to be joined in one action to recover damages for injuries to their respective properties resulting from the same wrongful conduct of the defendant. Bajorek v. Kurtz, (Mich. 1952) 55 N.W. (2d) 727.
J. D. Voss,
CIVIL PROCEDURE-JOINDER OF CAUSES OF ACTION IN MICHIGAN,
Mich. L. Rev.
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