Dempsey v. Devers

Citations

• 43 Pa. Super. 193
• 1910 Pa. Super. LEXIS 31

Syllabus

<p>Negligence — Mines and mining — Joint tortfeasors — Pleading.</p> <p>1. Where a plaintiff in an action of trespass to recover damages for negligence declares for a joint tort, and the evidence shows no joint action by defendants, a verdict and judgment against one defendant for a separate tort will not be permitted to stand.</p> <p>2. Where a coal miner brings an action of trespass to recover damages for personal injuries against his employer, a coal company, and several individuals, including a mine foreman, who, however, is not named or described as such, and the statement of claim charges a joint tort in failing properly to ventilate the mine, and nonsuits are entered in favor of all of the individual defendants, except the mine foreman, and a verdict is rendered in favor of the coal company by direction of the court, and the plaintiff makes no amendment of his statement, but proceeds with the ease and secures a verdict and judgment against the mine foreman named merely as an individual, such verdict and judgment will be set aside by the appellate court.</p>