Goodman v. Coal Township

Citations

• 206 Pa. 621
• 56 A. 65
• 1903 Pa. LEXIS 773

Syllabus

<p>Negligence — Joint tort feasors — Action.</p> <p>In a suit for a joint tort there can be no recovery upon proof of one or more separate torts. When a joint tort is charged a joint tort must bo proved in order to sustain the action. The allegation and the proof must agree in cases of tort as in other cases.</p> <p>An action against a township and a street railway company to recover damages for personal injuries sustained by the alleged dangerous and unsafe condition of a public road a.nd the railway tracks thereon, cannot be maintained where neither under the facts as set forth in the statement of claim, nor as shown upon the trial, was there any concert of action between the township and the railway company.</p>