Howard v. Union Traction Co.

Citations

• 195 Pa. 391
• 45 A. 1076
• 1900 Pa. LEXIS 654

Syllabus

<p>Negligence—Parties—Joint tortfeasors—Street railways— Gas company.|</p> <p>An action cannot be maintained against a street railway company and a1 gas company, as joint tort feasors, upon a statement of claim which al-j leges, that the plaintiff in alighting from a street car was thrown by block of wood which had been placed across a trench recently dug and filled up by the gas company, and which was left by it in a defective and dangerous condition. An averment that the conductor directed plaintiff to get off the car at a defective and dangerous place, does not in connection with the allegation of negligence against the gas company show a united negligent act of both companies, nor the same act in any sense. There was no community of fault by the two defendants in the act which occasioned the injury, and neither defendant had the least participation in, or control over, the negligent act of the other.</p>