Bogdahn v. Pascagoula Street Railway & Power Co.

Citations

• 118 Miss. 668
• 79 So. 844

Syllabus

<p>1. Belease. Joint tort-feasors. Covenant not to sue. Effect.</p> <p>Where in a suit for death of a lineman of a telephone company against both the telephone company and the power company as joint tort-feasors, before the case came to trial, the plaintiffs entered into a contract with the telephone company in consideration of seven thousand, five hundred dollars paid by the telephone company, to dismiss their suit against it and not to further prosecute for damages growing out of said injury, and the case then proceeded against the power company. In such case, the jury should credit to the power company the amount paid by the telephone company, in making up this verdict.</p> <p>2. Same.</p> <p>In such case, the jury could find that plaintiff had been fully compensated for the injury by the payment already made by' the telephone company.</p> <p>3. Same.</p> <p>In such case, the payment of the seven thousand, five hundred dollars by the telephone company and the covenant not to further sue it, was a release of the telephone company, but not of its joint tort-feasor, the power company, except pro tanto.</p> <p>4. Belease. Joint-tort-feasors. Part payment by one.</p> <p>Any amount paid by a joint tort-feasor which is not paid and received as a full statement of the claim for damages, is to go only as payment on t;he claim for damages, and is not a bar to suit against any other joint tort-feasors.</p>